Legal Question in Insurance Law in California

Condo Assoc. refusing liability

I parked my car at a vacation rental condo. It was parked behind locked gates (anyone entering has to verify to an employee at the gatehouse that they are staying there), I had to register my car with the condo association, and a security guard patrolled the parking lots. My car was keyed while parked amounting to $2200 in damage. I am trying to get the condo association's insurance to cover my $500 deductible. The association manager says they are not liable. The association's insurance says they cannot file a claim unless the manager says they are liable. Is it really the manager's word? Doesn't the insurance policy outline their liability? I am suggesting that there was implied guarantee of my car's safety because of the gate, registration process, and security guards. The manager is saying ''no.'' Of course the manager is going to say they're not responsible. Isn't it the insurance company's job to decide liability? I can't get a claim filed unless the manager agrees that they are liable which will never happen. What do I do?


Asked on 6/03/09, 5:45 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Condo Assoc. refusing liability

I don't see an "implied guarantee of [your] car's safety". That the HOA takes precautions does not imply a promise to even its own members -- let alone third parties -- that those precautions will succeed.

You can't file an insurance claim because you are not the insured. You can sue the HOA if you want, but I see no reason to think you will win.

The responsible party is the person who keyed your car, not the HOA. If you can't identify that person, you will probably have to absorb the deductible yourself.

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Answered on 6/04/09, 3:35 pm


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