Legal Question in Civil Litigation in New Jersey
car damage
My car was damaged in the parking lot of a YMCA. The facility is redoing the parking lot and the surface is unlevel and the abutments are very high due to this. I was trying to clear one of these very prominent abutments and my front end got caught on the edge causing tearing of my undercarriage.As a driver you could not visually see if you were completly clear because it is almost as long as the the length of the car.I didn't notice it right away and when I did I notified the Y to tell them about the hazard, but I haven't heard back from them even though I left several message and somone returned my call and said they were giving it to the correct person to handle the situation. Do Thy have any responsibily in this matter. I was told that there are regulations as to what height these abutments can be, but they were much higher because of redoing of the parking lot.
1 Answer from Attorneys
Re: car damage
Yes, they are liable. However, your first recouse is to your auto insurer. The damage is probably covered either under your Comprehensive Policy or under your Collision Policy. Give it to them. That's what you pay for.
Under New Jersey law, the insurer is also obligated to try to recover any part of your "deductible" amount and to return a proportionate share to you.
So give the problem to them and sleep well.