Legal Question in Personal Injury in Georgia

Parking Garage gate damaged my vehicle, who's liable?

I was entering my condo garage. I swiped my access badge, yet the gate slammed down on my car and caused damage. My HOA agreed to reimburse me upon showing a receipt for the repair. I did not explicitly agree, but I did thank them for the resolution. About 3 weeks later, I was going to schedule time to have the car repaired, but then I realized that the car is not even worth $2,000, yet the repair would cost $840. I then requested cash of $840 in lieu of actually getting the repair done. They said it was a goodwill gesture, and they did not have to even reimburse me for the repair. They said this clause was in the HOA docs, but I have yet to find it in there.

Either way, the HOA is out $840. I don't see why they care if I actually get the car repaired or not. It's not double dipping either, because when I do end up getting a new car, they damage will be docked from the trade in value.

What are my options? Should I take it to small claims court? Do I have good chance at winning?


Asked on 7/18/09, 2:39 pm

3 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Parking Garage gate damaged my vehicle, who's liable?

You may well be entitled to the cost of the repair, whether you get the repairs done or not. Give it a shot in small claims court.

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Answered on 7/20/09, 6:00 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Parking Garage gate damaged my vehicle, who's liable?

Since they refer to the HOA documents, what did they say when you asked them to point out the provisions at issue (the obvious first step)? No one here has them, so you might get a better answer if you provided this information, since you refered to it in your post.

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Answered on 7/18/09, 2:48 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Parking Garage gate damaged my vehicle, who's liable?

We can't answer you because the answer is in your HOA documents. If they are offering to do the repair, most lawyers would say you are being unreasonable in not accepting, but since you have not shown anyone here the HOA documents, we can't answer.

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Answered on 7/18/09, 5:20 pm

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