Legal Question in Real Estate Law in New Jersey
My car was flooded during a severe storm (tail end of a tornado). During the storm the dumpster somehow drifted out of its holding area, and floated down the (condominium) parking lot, hitting cars and richochetting (sorry-best word to describe its action) from one car to another, including mine according to witnesses. Eventually it floated back to the drainage, directly behind my car. I was able to turn it on, but the ABS and cruise warning lights flashed. My insurance company already sent legal forms for total damage, although an appraiser from the insurance company appraised the damage at $1050 yesterday. I was not hurt, no one was injured, just several cars are being appraised as total damage. My car is 12 years old--it is a big deal because I am permanently disabled. The deductible alone wipes out my total savings ($500), plus $150 for rental. The dumpster was overfilled with trash, as always. French drains were finally installed after 20 years of floods on the property a month ago, after multiple complaints, and most likely prevented severe property damage. I can't sue God, Mother Nature, and Acts of God are what they are. I was told I cannot sue my town, or the condo complex, and I feel weird asking if some tort exists somewhere. I pay $90/month for car insurance, $12/month flood insurance, and can't exactly file a claim under homeowner's insurance. I'm just probably angry for no good reason because my 12 year old car may be totalled, and doubt it'll be worth more than $2000. The property manager doesn't want to hear about it, as usual. I'm just politely asking if I can be reimbursed, not by my car insurance of course, under some tort law.
1 Answer from Attorneys
Sorry about all that, but it isn't a real property question. And I don't practice in the areas that may be relevant.
Try looking under personal injury/property damage and/or insurance lawyers. They may be able to help you. Just because the property manager doesn't want to hear about it, that doesn't mean that the association may not have any responsibility.
Whatever you do, do it in writing, and send it via certified mail, return receipt requested.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
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