This happened on Thursday 04, June 2015.I was backing up my car and I stop for a moment to talk to my wife if she was ready to go. When I put my hand in the gear to finally move my car a sound and shake in the car scared us. It was one the apartment maintenance employee who hit us with the golf car. My wife and I got out of the car to checked what was gone on, but the "guy" got back to the golf car and yelling us to "step on the office" drive away from the site. I called management office and the manager assistant with another office lady came in to check the problem. The assistant manager asked me to moved my car to let the other cars move out. She promised the manager office will take care of the situation and took pics of the damage, which is a total lost of my bumper's car. As everything happened inside the complex apartment and the golf car is management property then I assumed we will fix everything with no problem. However, the complex manager is not willing to cooperate with us to fix the situation and was rude to the point to accusing us to be responsible for the car accident. The assistant manager was aware of what happened and even the employee that cause the incident agree with her that it was his fault and he was the one who run into us. Now, our property manager is changing everything inclusive to use "fake evidence" because she told us that there were multiple of witnesses that corroborate her side of the story. I wonder form where those witnesses come from. I wonder what can I do about this? My insurance will not cover the damages so I wonder what else can I do? Small claim courts?
A local insurance lawyer can hold your insurance company's feet to the fire.
Wow, sorry to hear this story. Sounds like your apartment complex doesn't care much about their tenants. It's not clear to me why your insurance won't cover this, because my first piece of advice would have been to ask your own insurance company to handle this entire situation. Are you certain that they won't cover this? If so, and if there's no one else to speak to at the apartment complex, then your idea of going to small claim court sounds like a good idea. Best of luck.
I tend to agree with you that your recourse would be small claims court. You would need to sue the apartment complex, but you'll have to make sure you sue them under the correct business name. If you look up the property address on the Dallas County Appraisal District web site that will tell you the name of the entity that owns the complex, however: there may be a separate management company that is responsible for the day-to-day running of the place. You'll want to sue the management company.
When you sue a business, you have to serve the lawsuit on the businesses registered agent. That is the person who has been appointed by the company to receive legal notices and be served with lawsuits. You can find the name and address of the registered agent on this web site: https://mycpa.cpa.state.tx.us/coa/Index.html
If Dallas County operates like Harris County it will probably cost you about $100 to file the lawsuit in small claims and have the lawsuit served on the defendant. You can get a form petition (the lawsuit paper) from your Justice of the Peace Precinct, mostly likely on their web site.
Good luck. Sorry your apartment complex sucks. Don't forget you can always share your experience with other potential renters by writing an online review.
Disclaimer: answers posted by attorney Daragh Carter to questions posted on AVVO are NOT privileged or confidential and will not and should not be construed to create an attorney-client relationship between attorney Daragh Carter and you or anyone else.
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So, as much as we hated to come up with this answer, YUP. The accident occurred on private property. That can, depending on the circumstances make it a homeowner issue. But not in an apartment complex. Rest assured the complex has some type of insurance policy in case of accidental drownings and the like. You may want to investigate by calling the apartments regional office for details. They may be more reasonable. As for the fake evidence and witnesses, in any court "the truth will out" as they say. A good small claims court JP can SMELL a lie! One Lie from the Apartment Manager and you win the case!
Brian Loncar works to defend his clients on any front! However, the information provided herein is intended only as food for thought and does not constitute a lawyer/client relationship. For that you have to come to our office and retain us!
Why won't your insurance cover the damages? I'd suggest trying to get them to handle the claim. Call again just to make sure. If they really aren't covering it, you could take it to small claims court like you suggested.
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