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car damaged in parking lot

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langxiii

Junior Member
What is the name of your state? Hawaii.
My new car was hit by the dumpster in the building's parking lot due to: the dumpster was placed 3 feet away from my car at it's designated area; the day it hit my car was a super windy day; there used to be a rope tied the dumpster to the fence, but those days the rope disappeared; I asked the building's management to pay for my damage and the rental car expense for the days I sent the car to get fixed. They said it's not their fault, instead they pass the problem to the waste company's insurance agency. Now the waste company's insurance agency declined my claim. What shall I do? It's been three months already. I want to sue the management company at the small claim court, can I win?
 


HomeGuru

Senior Member
langxiii said:
What is the name of your state? Hawaii.
My new car was hit by the dumpster in the building's parking lot due to: the dumpster was placed 3 feet away from my car at it's designated area; the day it hit my car was a super windy day; there used to be a rope tied the dumpster to the fence, but those days the rope disappeared; I asked the building's management to pay for my damage and the rental car expense for the days I sent the car to get fixed. They said it's not their fault, instead they pass the problem to the waste company's insurance agency. Now the waste company's insurance agency declined my claim. What shall I do? It's been three months already. I want to sue the management company at the small claim court, can I win?


**A: did you file a claim with your insurance company? If not, why not?
Was your car parked in the parking stall designated as the stall that legally goes with your subject condo unit per the CPR?
 

langxiii

Junior Member
Yes. Out of $550, my insurance only covered $350. I want the management comnapy's insurance cover the remaining $200 plus my rental car expense. My car was parked in the assigned stall.
 

HomeGuru

Senior Member
langxiii said:
Yes. Out of $550, my insurance only covered $350. I want the management comnapy's insurance cover the remaining $200 plus my rental car expense. My car was parked in the assigned stall.


**A: finally, some real facts. You are responsible for the deductible.
did you do further investigation such as to determine why on that day there was no rope? What happened to the rope? Who's job was this?
 

langxiii

Junior Member
When people first moved into this building, somebody warned a member of the association about the dangerous location of the dumpster. Yet they didn't take any action. One of the resident bought a rope and tied it on the dumpster. I don't know who threw away the rope later. After the accident, we notified the association, management company, they still didn't do anything. We had to buy the new rope to tie the dumpster to the fence. I don't understand why should I pay the rest of the bill cause I didn't do anything wrong.
 

HomeGuru

Senior Member
langxiii said:
When people first moved into this building, somebody warned a member of the association about the dangerous location of the dumpster. Yet they didn't take any action. One of the resident bought a rope and tied it on the dumpster. I don't know who threw away the rope later. After the accident, we notified the association, management company, they still didn't do anything. We had to buy the new rope to tie the dumpster to the fence. I don't understand why should I pay the rest of the bill cause I didn't do anything wrong.


**A: and that's why you have insurance.
 

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