Apartment Garage Door Crashed My Car Roof, $10–15k Damage. Property Manager Denying Responsibility – What Should I Do Next?
Hi all, need quick advice.
Location: Massachusetts Car: 2024 SUV ,like new, no accident
Yesterday my apartment’s garage door suddenly closed on my car as I was slowly driving in(5-7 mph) It scraped and dented the whole roof from front to back. This garage door has had ongoing issues (fobs not working, random malfunctions). Another tenant already had lighter roof damage from the same door. The door did not detect my car is approaching, fob did not work, door did not reverse or stop when it hit my car.
Property manager first said they’d submit a claim to their insurance, but now they’re acting like it’s “not really their responsibility” and hinting I should just go through my own auto insurance. Repair estimate is at least $10k–$15k so this is a big deal.
Questions: 1. In MA, is this typically premises liability where the building’s insurance should be primary? 2. Should I file with my own auto insurance now and let them subrogate, or push harder on the property manager first? 3. Will filing through my own insurance likely raise my premiums even if they recover from the property’s insurer? 4. At what point would you bring in a lawyer? 5: I don’t have rentals covered by my insurances, should I pay out of pocket first?
I have: camera footage, photos of damage and documented history of door problems.
What’s the smart order of steps here so I don’t screw myself over?
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