Legal Question in Personal Injury in California

Re: Apartment building gate crushed my car

The apartment owner would be liable for your dammages for negligence in maintaining the gate. File in small claims.

Re: Apartment building gate crushed my car

Sorry to read about your car. While you might resist this, I would make two claims with:

(1) The property owner who in turn might make a claim with the gate manufacturer (you could too, but this is likely to be a hassle and there is an issue as to the gate's maintenance. If they accept the claim, they might pay you in full.

(2) Your own auto insurance company. They should pay you minus your collision deductible. If they believe the car accident was not your fault, they should go after and recover your deductible and refer it to you.

I would go out and photograph the electronic gate from afar and also up close, and perhaps talk to people that live in the building to determine if this has ever happened to anyone else (meaning, the building's management might be on notice of the problem). Regardless, the building seems to be responsible for the gate's maintenance.

Please note that there are legal timelines, also known as the "statute of limitations" that limit the timeframe to file a lawsuit, which vary from state to state.

Here are some article I've written about property damage which might help.

http://www.seriousaccidents.com/articles/property-damage/

All the best!

Mike