Auto theft in "secured" parking garage under apartment - who is liable?

Discussion in 'Other Residential Landlord & Tenant Issues' started by surewhynot, Jun 17, 2009.

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  1. surewhynot

    surewhynot Law Topic Starter New Member

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    Hello,

    I've searched for relative issues but came up with nothing in the search engine.

    During October of last year in downtown Dallas, my motorcycle was stolen from a designated motorcycle parking area in a "secured" underground parking garage located under an apartment building where I rented a loft. The landlord who owns my space stated, in my contract as an added clause, that I was allowed to place my motorcycle in this zone. The apartment building has several surveillance cameras in various locations but a clear, still shot of my motorcycle was unavailable to me. I asked the front desk / concierge and the apartment building property manager to assist me in using the surveillance system to see if we could find anything. Little help was provided, and of the help that was provided, it was amateur at best. Nothing was able to be found, though one of the residents did mention someone riding my bike out of the garage very aggressively during the time window I knew the said motorcycle was stolen.

    I understand that as an auto owner I am responsible to insure my belongings accordingly. I had liability before its first theft (yes, this is the second time) but had cancelled the insurance altogether before it was recovered. I didn't see a point in continuing to pay on a stolen bike. I was going to later get it reinstated as full coverage but this occurred prior to me getting around to doing so. Anyways, aside from that issue, is this situation solely the domain of an insurance company? I'd expect more out of a "secured" parking garage where the garage door is quite frequently left hanging open and vulnerable. What's the point of the security system if no one can utilize it? This, to me, appears not necessarily as a cause but certainly a potential catalyst to the theft.

    What might my options be in terms of compensation? I'm not looking to squeeze the HOA for all they're worth and earn a quick dollar. However, I continue to pay on this motorcycle I'm not riding and can't help but wonder if I've been additionally victimized here outside of just the theft. I've also read over the landlord-tenant contract (the only one I've been supplied with) and it seems so general that my case might not even warrant any consideration. Any input on whether or not I should begin a consultation with an attorney would be greatly appreciated.


    Take care,

    TH
     
    Last edited: Jun 17, 2009
  2. jacksgal

    jacksgal Super Moderator

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    Just because the garage is "secured" does not make them libel for the theft
     
  3. surewhynot

    surewhynot Law Topic Starter New Member

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    That quotation wasn't being used as any kind of foundation for my argument; it was more of a rant. But is it not feasible to base your decisions upon certain amenities a residence guarantees?

    Seems like there's a difference between offering protection and offering opportunities.
     
    Last edited: Jun 17, 2009
  4. jacksgal

    jacksgal Super Moderator

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    Where in your lease does it "guarantee" your vehicle is safe?
    The "secure" parking is a perk like a pool. Your vehicle is safer than it would be on street. You are certainly free to talk to Lawyers but I doubt any takes case or at least not on contingency
     
  5. valkilmerisawfu

    valkilmerisawfu New Member

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    Did you ever resolve this issue? I'm interested to know what became of your situation.
     
  6. mightymoose

    mightymoose Well-Known Member

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    His only option here was to claim the loss on his taxes. He had no insurance coverage, and the HOA was not negligent. In fact, he knowingly stored his motorcycle in that garage "where the garage door is quite frequently left hanging open and vulnerable."

    Lesson learned the hard way. Insure your property.
     
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