Legal Question in Real Estate Law in California
Old Garage Door Smashed Out Car Window
I rent a duplex in Rancho Cordova, California. Yesterday, I went to backout my Blazer from the garage to go shopping. While I was backing out, the 2 by 4 board on the bottom of the garage door fell down (obviously from dry rot) and smashed out my back window and caused some minor body damage to my car. I took several pictures from all angles to show where the board hit, as well as the garage door itself (which will need to be completely replaced). Would the property management company and/or the property owner be responsible for repairing my car? Or am I responsible through my car insurance? I do not have renter's insurance.
2 Answers from Attorneys
Re: Old Garage Door Smashed Out Car Window
Notify the property managment company. If the defect was as you represented they are responsible. They'll probably avoid paying for your damage unless they are insured. Your car insurance will pay for the damage. However, you'll have to cover your deductible. So get yur car fixed by your insurance company. And then sue the landlord and/or management company to recover your out of pocket. If you recover eventually from your landlord, your insurance policy may not require that you reimburse your insurance company. So read your policy closely.
Re: Old Garage Door Smashed Out Car Window
Yes, they are probably liable. They have a duty to inspect their property. Your auto insurance would cover it, too, but you may want to try to get them to pay everything, so that you don't show a claim against insurance.
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