California | Insurance Law
Legal Question
Act of God or negligence?
While parked at my apt. building during a very windy day recently, a ''roof access panel,'' a 24'' X 24'' sheet metal panel that covers the porch roof access area was blown off the apt. complex and hit my car, causing about $1,400 - $1,900 in damages. Clearly, the access panel was not secured--name removed--the two hooks on the panel. The complex management co., and their insurer are trying to avoid my repair costs, (and rental car use while in the shop) claiming the wind was ''an act of God.''
I claim negligence that the panel was not properly secured.
Do I have a case?
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