liability

Started by LaurieD1 • 8 replies • 1204 views

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LaurieD1 (Connecticut)
Posts: 2

Posted:

We have an owner who had her car damages by parking next to the garbage area. She claim the door swung open and hit her drivers side mirror and is submiting a claim to the association.

There are no witnesses and nothing in regards to personal damages are in our bylaws.

Are we responsible for her claim??

DaveW3 (Missouri)
Posts: 9

Posted:

Without some kind of proof, I would say No. I would consult the association attorney if the resident wished to elevate the claim.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Laurie,

Are their parking spots in this area? Seems to me if anyone is liable it would the co. or city that owns the garbage truck. This is a personal issue not one for the HOA to handle.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

I would ask her to submit it to her insurance company and let them investigate it.

DaveF3 (Florida)
Posts: 4

Posted:

Has she submitted an invoice or written estimate for repairs? If so, unless she can prove negligence by the association, the board should deny/reject her claim at a board meeting. What she really should do is submit a claim to her insurance company.

Just out of curiosity, who opened the door to the garbage area? If it was her, then it's her problem, not the association's. If it was someone else who opened the door, then it's between her and the other person.

I just don't see how this is an association problem. For the future, you may want to look at ways of limiting how much these doors can swing when they're opened.

MaryA1 (Arizona)
Posts: 7,043

Posted:

My first thought was that the door of the garbage truck swung open. But, upon re-reading the OP, I really don't know what door she's talking about. I think we need more info b/4 we can intelligently give an opinion. What door swung open and are there parking spots in this area?

LaurieD1 (Connecticut)
Posts: 2

Posted:

Sorry for my inaccurate description....
It is the door to our garbage enclosure that hit a unit owners driver's side car door. It is basically a stockade fence with a latch door on the left for unit owners to open and a main middle door that slides open for the garbage truck to come and empty.
She had pulled next to it and claims that the wind swung it open damaging her car.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Laurie,
I am probably reading this wrong, but you just admitted the association is responsible, at least as far as what caused the accident. Now if she opened the door and it damaged her car, she is responsible. Whoever opened the door and damaged her car is responsible. If she has no physical evidence that door caused the damage, tell her to file a claim with your insurance company. If the door was an accident waiting to happen and the board knew that, they should pay her claim and take steps to correct the situation.

MicheleD (Kentucky)
Posts: 4,491

Posted:

How does she know the wind blew the door open?

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