Well, Shit Happens

[subiestyle]

Originally Posted by ZeHeadBanger

Also, the apartment douchebags have agreed to pay my deductible. At least I didn't have to pay anything out of my pocket. I'm still planning to use the carport, but not sure if it's a good idea!

That should've been the minimum. But I would've gone through the apartment's insurance. Your premiums could go up because of this. Or at least be recorded, so the next smallest thing would make the premiums go up.

[ZeHeadBanger]

Originally Posted by subiestyle

That should've been the minimum. But I would've gone through the apartment's insurance. Your premiums could go up because of this. Or at least be recorded, so the next smallest thing would make the premiums go up.

I was/am worried about that too, but going through the apartment insurance was a huge hassle. At first they weren't even willing to pay my deductible. I made sure that my auto insurance recorded that this wasn't due to ANY FAULT OF MINE and they completely agreed. They filed it under 'falling objects'.

I had to get a new quote just after the incident happened and after I file my claim. My insurance rate dropped by $60 per month, though I also moved during this period to a 'safer' place.

I hope my rates don't go up in the next quote! Or with something like this, do they increase the premium mid contract?

[codesplice]

Glad your BRZ has returned to you; she's looking great!

[unsurety]

The first pics made my eyes watery. Someone grazed my rear bumper when my car wasn't even a week old yet, so I can relate to these things. Glad to see everything got better!

[markitect]

If your apartment was part of a company that manages more then one apartment, I would send the picture to HUD, with an explanation of how all the apartments by that company are unsafe. I promise that will make things more difficult for them, then going through their insurance would have been.

[Jive Turkey]

Originally Posted by z3ro

Get a lawyer, sue the shit outta the apartment complex.

please state your theory of the case.

if you dont practice law, don't give legal advice.

what happened sucks, i would advise seeing an attorney, however property damage, especially a car....isn't something you can bank roll for. you're okay, no one was injured. diminished value claim is what you should look into.

[z3ro]

Originally Posted by Jive Turkey

please state your theory of the case.

if you dont practice law, don't give legal advice.

what happened sucks, i would advise seeing an attorney, however property damage, especially a car....isn't something you can bank roll for. you're okay, no one was injured. diminished value claim is what you should look into.

Easy;

Apartment failed to maintain a certain level of safety, otherwise called negligence.
Shed falls
Sue

property damage
n. injury to real or personal property through another's negligence, willful destruction or by some act of nature. In lawsuits for damages caused by negligence or a willful act, property damage is distinguished from personal injury. Property damage may include harm to an automobile, a fence, a tree, a home or any other possession. The amount of recovery for property damage may be established by evidence of replacement value, cost of repairs, loss of use until repaired or replaced or, in the case of heirlooms or very personal items (e.g. wedding pictures), by subjective testimony as to sentimental value.


Plus you can always sue for your court costs and attorney's fees.

[SirBrass]

Originally Posted by unsurety

The first pics made my eyes watery. Someone grazed my rear bumper when my car wasn't even a week old yet, so I can relate to these things. Glad to see everything got better!

Better than what happened to me a week into owning mine. I got rear-ended.

[thill]

Originally Posted by z3ro

Easy;

Apartment failed to maintain a certain level of safety, otherwise called negligence.
Shed falls
Sue

property damage
n. injury to real or personal property through another's negligence, willful destruction or by some act of nature. In lawsuits for damages caused by negligence or a willful act, property damage is distinguished from personal injury. Property damage may include harm to an automobile, a fence, a tree, a home or any other possession. The amount of recovery for property damage may be established by evidence of replacement value, cost of repairs, loss of use until repaired or replaced or, in the case of heirlooms or very personal items (e.g. wedding pictures), by subjective testimony as to sentimental value.


Plus you can always sue for your court costs and attorney's fees.

Honestly, this would most likely never even make it to court as the management company would most likely settle the minute you got a lawyer involved. This is why they have property insurance and they would simply make a claim.

I sat in two condo associations and can tell you we had to have insurance for just these types of reasons. This is not force majeure, there was not catastrophic storm or earthquake that caused this, clearly the structure was weakened and most likely not up to code.

[z3ro]

Originally Posted by thill

Honestly, this would most likely never even make it to court as the management company would most likely settle the minute you got a lawyer involved. This is why they have property insurance and they would simply make a claim.

I sat in two condo associations and can tell you we had to have insurance for just these types of reasons. This is not force majeure, there was not catastrophic storm or earthquake that caused this, clearly the structure was weakened and most likely not up to code.

Well that's fine but I'm pretty sure they said that there was no response from the apartment complex; i may be wrong though, it's been a long time since I've read through this thread. A lawyer would at least get a response.

And I think you could say it was force majeure since there was snow on the cover. If there was an abnormal amount of snow from say a blizzard, then I'm relatively sure that it would qualify.

[thill]

Originally Posted by z3ro

Well that's fine but I'm pretty sure they said that there was no response from the apartment complex; i may be wrong though, it's been a long time since I've read through this thread. A lawyer would at least get a response.

And I think you could say it was force majeure since there was snow on the cover. If there was an abnormal amount of snow from say a blizzard, then I'm relatively sure that it would qualify.

Look at the pictures. He lives in Michigan? If looks like no more than 6 inches on the roof of that structure and on even less on the ground. If that structure cannot handle more than a few inches of snow, it was clearly degraded and failing. I agree if there was 2' of snow, then yeah, that would be weather event.

And I agree a lawyer would have gotten a response, I was pointing out that it most likely never would have gotten past the point of a lawyer threatening the management company/complex. From there they (management company) would most likely have caved and initiated a property claim. I am sure they did not want to make a claim for fear their property insurance would either be dropped or their rates would go up.

[N1rve]

Originally Posted by z3ro

Easy;

Apartment failed to maintain a certain level of safety, otherwise called negligence.
Shed falls
Sue

property damage
n. injury to real or personal property through another's negligence, willful destruction or by some act of nature. In lawsuits for damages caused by negligence or a willful act, property damage is distinguished from personal injury. Property damage may include harm to an automobile, a fence, a tree, a home or any other possession. The amount of recovery for property damage may be established by evidence of replacement value, cost of repairs, loss of use until repaired or replaced or, in the case of heirlooms or very personal items (e.g. wedding pictures), by subjective testimony as to sentimental value.


Plus you can always sue for your court costs and attorney's fees.

There are a few elements in a negligence case.

1) Duty of Care
2) Breach of Duty
3) The Direct Cause (loss due to failure to due something or a direct action of the other person)
4) The remoteness of it (is it forseeable?)
5) Harm

So let's step by step this..

Duty of care: Yes the owner did have a duty of care to maintain the shed.

Breach of Duty: The shed looks to be in a really good condition from the pictures. No rust or any shoddy work.

The Direct Cause: Well the owner didn't put the snow on your shed or break the beams of the roof.

Remoteness: This is VERY remote. This is not something that could be seen. You cannot tell what mother nature has in store for you.

Harm: Yes, there is harm.

Now can you sue for damages? No, you would lose. In order to win a negligence case, you would have to have all of these elements.


Is it fair? No... but that's why you have insurance.

[z3ro]

Originally Posted by thill

Look at the pictures. He lives in Michigan? If looks like no more than 6 inches on the roof of that structure and on even less on the ground. If that structure cannot handle more than a few inches of snow, it was clearly degraded and failing. I agree if there was 2' of snow, then yeah, that would be weather event.

And I agree a lawyer would have gotten a response, I was pointing out that it most likely never would have gotten past the point of a lawyer threatening the management company/complex. From there they (management company) would most likely have caved and initiated a property claim. I am sure they did not want to make a claim for fear their property insurance would either be dropped or their rates would go up.

The first comment aligns with my original comment, that it was more of a negligence issue.

Your second comment i totally agree with

[unsurety]

Originally Posted by SirBrass

Better than what happened to me a week into owning mine. I got rear-ended.

That sucks. It almost happened to me. I was at a dead stop, and girl in an SUV almost nailed me going 30+ mph. She swerved and cut someone off. I went on a rollercoaster of horror-relief-disbelief looking into my rearview mirror when the SUV missed, but a Civic going the same speed appeared right behind her.

Guess I can't really complain. Just gotta hope my repair ends up looking as good as OP's did.