An apartment complex's security gate closed on my rental car while driving thru, is the apartment complex liable

Asked over 5 years ago - Dallas, TX

When you drive into her apartments you have to enter thru a gate & there is a metal slack you drive over when entering so I was half way over the slack & another car was exiting in the middle of the drive thru so I had to stop to let him go & I could not go on either side of him I had to stop I could not reverse because another car was behind me & the gate closed on the car. So now I don't know what to do. I mentioned it to the security officer that works at the gate & he said I may want to let the apartment office know that their gate was not working. At this time I have not done anything. I don't know what to do any advise will be helpful. Or if you can direct with the proper steps I need to take. To my knowledge as long as a car is over that metal slack the gate should stay open.

Attorney answers (1)

  1. Lu Ann Trevino

    Pro

    Contributor Level 19

    Answered . These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.

    Notify the apartment management of the damage in writing, get proof the notice was actually received by them. There should be insurance to cover such a problem. If not, you can notify your own car insurance company which could/should also cover the damage because the rental car is a replacement vehicle for you. Your insurer would then go after the apartment management. If none of that works, you should consult an attorney in your area.

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