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-   -   Landlord Claiming Tenant Responsible for Hit and Run (https://www.askmehelpdesk.com/showthread.php?t=69386)

  • Mar 6, 2007, 01:39 PM
    nbkvm44
    Landlord Claiming Tenant Responsible for Hit and Run
    Hello! To explain my situation I have rented since October a nice townhome in a quiet neighborhood. I pay my rent electronically so it has NEVER been late. I also keep my home clean and have never made a complaint or had a complaint. Yesterday I returned from work and after entering the garage and shutting off the engine of my car, I attempted to put down the garage door. The door started to move to the closed position, stopped and went back up. This happened a couple times as I checked to see if anything was blocking the sensors. While I was trying to figure out why the garage door wouldn't close, the neighbor who shares my driveway returned home. He asked if he could be of assistance and also checked to see if anything was in the way of the sensors. Upon looking at the frame he says it appears someone has hit the door frame, with a car or truck. It is dusk out, about 7:00, so it is difficult to make out any visible damages. He is able to straighten the metal guide frame back straight so the door can slide closed. I left for work this morning and noticed immediately a dent in the siding on the front of the garage door. Once I arrived at work I called my landlord and left a message with the receptionist. While away from my desk, I receive a phone call from one of the employees at the property management office indicating that they would go see what the damages were and bill me for the repairs. I returned the management office's call and am again told that "I'd better have insurance and that the property damages are my responsibility." I ask if a tornado hits, am I responsible? If there is a drunk driver or drive by shooting, am I responsible? The employee says she will have the owner call me but that it is my responsibility and he will tell me the same thing. I have called my insurance company, my insurance protects me and my belongings not the actions of unknown persons to the property. HELP?!
  • Mar 6, 2007, 01:44 PM
    Lowtax4eva
    Ummm, they would have to take you to court and be able to show proof you did it, if there are no cameras and you reported the damages I think your in the clear... why would you report your own damages.
  • Mar 6, 2007, 01:49 PM
    nbkvm44
    To me it appears that a truck with the tailgate down backed into the door frame. I drive a Toyota Corolla that hasn't a dent or scratch on it. I'd love for them to check my car over!
  • Mar 6, 2007, 01:52 PM
    ScottGem
    Sorry but that's what you have insurance for. Unless you can prove that you did not do the damage you will be responsible for it.

    File a claim with your insurance company.
  • Mar 6, 2007, 01:52 PM
    Cvillecpm
    Write a letter and explain what happened and that you will cooperate with any investigation their insurance company wishes to make and that you accept NO responsibility and were not ath the property when the damage was done.

    Take pictures and get the name of your neighbor who helped you.
  • Mar 6, 2007, 02:31 PM
    landlord advocate
    Position your vehicle even with the damage. If the damage does not match even with your vehicle, it will be obvious that it was not your vehicle that did the damage. This should be enough proof for your landlord. Was the damage done by a vehicle outside of the garage? Probably so. Was there a recent maintenance issue by one of your close neighbors or yourself?
  • Mar 6, 2007, 02:36 PM
    ballengerb1
    The outside of a townhouse is usually part of the common property. Your insurance would not cover this unless you tell your auto insurance that you hit the door frame. If you did not hit the door and feel someone else did the damage the HOA should have insurance for the common property.
  • Mar 6, 2007, 04:53 PM
    ScottGem
    I think you need to talk to your insurance company again. If your car was parked on the street and someone sideswiped it, causing damage, but left the scene your car insurance would cover it. I think your insurance shouild cover damage to the property.

    But if it doesn't and the property managers insist on billing you and you don't think its right then let them sue you and take it to court.

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