Legal Question in Insurance Law in Arizona

While exiting apartment complex - security gate closes on vehicle.

The security gate to my comlex closed on my vehicle while EXITING. As I drove thru the open gate, the vehicles in front of mine were stopped due to traffic. Once I was able to proceed, the gate began closing and left damage to the passenger side mirror, as well as the paint along the side of the vehicle. While the damage of the vehicle can be considered 'minor', I had only purchased the new vehicle a few weeks prior to the incident. After being told ''there's nothing we can do'' by the apartment manager, I later was in contact with the insurance company of the apartment complex. The representative said he would ''authorize my claim'', and send an appraisor to assess the damage. Upon completion of the appraisor's duties, he stated that I should receive a check within a few weeks. After several weeks passed, I finally received a letter from the insurance company stating ''their client is not legally responsible for your damages. Our investigation of the matter indicates that the security gate to the complex was operating properly at the time of the accident and that there were no prior or subsequent malfunctions of it.'' And...that ''For the reasons above, we cannot honor your claim.''

Q: What are my chances in receiving retribution?


Asked on 12/13/05, 11:15 pm

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: While exiting apartment complex - security gate closes on vehicle.

You state that the damage was minor, but do not state the dollar amount. This is probably too small to use a lawyer, but I do not know.

My understanding is that an agreement was already reached to pay you a check. That said, the insurance company (I don't know their identity) should honor their agreement.

The fact that the gate was operating properly before should be irrelevant. Why should there be a "free" malfunction? That is dangerous. Someone could be injured or killed ( a child).

Send a letter to the insurance adjuster (or fax) stating that the prior operation of the gate is not relevant, if it was properly adjusted it would not have closed on you. (Do you have any witnesses?) Tell them that their representative already promised you a check and that you expect them to honor their word and complete the settlement. Otherwise they are not acting in "good faith." (Magic words the insurance carriers do not like to hear, that trigger possibilities of claims for wrongful adjustment.)

You always have the right to file a complaint with the insurance department or take your case against the apartment complex to small claims court.

Good luck.

James D. Jenkins

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Answered on 12/14/05, 9:50 am


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