Neighbor damaging my car..please help!

[rhscali]

Hi, I live in an apartment complex with an assigned parking space in a subterranean garage. I rarely drive (maybe once every or every other week?) and never really had any reason to inspect the passenger side of my car. Last weekend, I drove my car out during the day time and noticed several (rather severe) dings on the passenger side of my car.

I never really noticed them because it's on the passenger side plus my apt garage is poorly lit. I knew the dings were cause by my neighbor forcefully opening her driver side door because her car is assigned to the the adjacent parking space on my passenger side, all the markings were the same height (the "dings" were caused by the type of same car) and all the markings were white (her car is white). Moreover, since I rarely drive my car, it is almost always parked in my apartment garage.

Actually I'm not even sure if I should call the damage "dings"--the paint has chipped off at several places and the metal body actually has indented where she (my neighbor) hit with the edge of her car door.

I would like her to pay for the damages she incurred but I'm not sure how to do it since I've never experienced something like this before. I tried asking the building management but they didn't want anything to do with this. But if it happened on their property, shouldn't they be at least partially responsible? I am not sure..

This is the course of action I'm planning to take. Please let me know if I'm not taking the right or most efficient approach to handle this.

1. I want to explain the situation to the on-site management team, the management company, and the other party (my neighbor) in writing. Problem is, the management will not release my neighbor's unit number so I am not sure how to contact her. Furthermore, should I address what I expect from them (e.g. monetary compensation to cover the repair expense) in this letter or simply explain what happened?

2. If those three parties are unresponsive or refuse to pay for the damage, should I take this matter to small claim courts? I would like to avoid that if possible since I have no idea how small claims court operates...is there an alternative approach I should take?

3. When should I contact my insurance company regarding this issue--now or after the party or parties' refusal to pay?

For the time being, I requested that the management office arrange a different parking spot for my car. However, since I didn't want an open-roof parking spot, I have to wait for the first covered-spot to become available on Jan 1. You think this could be used against me?

I feel very lost since no one is willing to help me and I think it'll be completely unfair for me to pay for the body repair out of my own pocket. Please help! I appreciate your advice. Thank you!

 

[THEJKH1999]

I had a similar situation, i just called my insurance and it was taken care of. Lucky for me in my case the parking lot had cameras so it was a easy one.

Is there any way for you to install a motion sensing camea in your car? it might be the easiest sollution.

Good luck

 

[CdwJava]

Unless the management has promised you that your car would be free from harm, they are not likely to be found liable for any damages.

If there is damage being done to your car, you can call the police. If they take a report for vandalism they can attempt to identify the suspect and make contact (assuming they agree that the party in the neighboring space is a possible suspect).

Do you know the license plate number of the car that parks next to you? You can take that to the DMV and fill out the paperwork to run the plate. That way you can get the information if you really think you have proof enough to prevail in small claims court. http://www.dmv.ca.gov/forms/inf/inf70.htm

And, yes, you can call your insurer. Beware of your deductible, however. If it is worth the cost of the deductible, then make the claim and let them go after any other party if they can.

 

[rhscali]

I had a similar situation, i just called my insurance and it was taken care of. Lucky for me in my case the parking lot had cameras so it was a easy one.

Is there any way for you to install a motion sensing camea in your car? it might be the easiest sollution.

Good luck

Unfortunately, my car is just out of the security camera's scope of view. Plus, I'm sure now that the management has contacted her about my complaint, it's probably unlikely that she'll continue to slam her car door into mine. However, I took some photos of my car next to her's and the marks line up with the widest point of her driver-side door edge. I'm hoping I could use that to include her as the suspect in any investigation. So would it be better to let the insurance company handle the investigation or the police? I'm not worried about my $500 deductible..I'm pretty sure the damage repair cost will far exceed that.

Thank you

 

[rhscali]

Unless the management has promised you that your car would be free from harm, they are not likely to be found liable for any damages.

If there is damage being done to your car, you can call the police. If they take a report for vandalism they can attempt to identify the suspect and make contact (assuming they agree that the party in the neighboring space is a possible suspect).

Do you know the license plate number of the car that parks next to you? You can take that to the DMV and fill out the paperwork to run the plate. That way you can get the information if you really think you have proof enough to prevail in small claims court.

And, yes, you can call your insurer. Beware of your deductible, however. If it is worth the cost of the deductible, then make the claim and let them go after any other party if they can.

Yes, I'll look into DMV. It's kind of silly how much I have to go through when I already know technically where she lives..just not the unit number. Do you think going to the police is better or going directly to the insurance since deductible is not really a concern for me? Who will do a better investigation?? Perhaps this is not a fair question to ask a cop supervisor.. Once again thank you very much!

 

[CdwJava]

How deep the police will probe will depend on whether they take this as an intentional act (vandalism) or simply document it for insurance purposes. Depending on resources available in your agency, they may not do a whole lot.

Nothing precludes you from doing both.

 

[mightymoose]

I doubt the police would take this as vandalism, but they might be able to quickly run the plate and go contact the owner. This would help you to get the info you need to file in small claims. As mentioned, you can also use the DMV to get the info after filling out some paperwork.
This really is a civil matter to be settled between you and the neighbor, or by the court if you can't come to agreement. The apartment management has nothing to do with this, and you should not include them in anything at this point. It sounds like you have some pretty good evidence for small claims, so don't worry if if the neighbor refuses to pay.
Your biggest problem will be getting your neighbor to pay even if the judge orders it... so in the long run it might be easiest to go through your insurance. Talk to your insurance and see if they will help. THey might be able to get the other person's insurance information and put the cost on them.

If you go to DMV and fill out the SR-1 then they will send a request to the registered owner to submit proof of insurance. If he owner does not respond then their registration and driver license can be suspended. If they do respond then you can use the information obtained to contact THEIR insurance company directly.

 

[rhscali]

I doubt the police would take this as vandalism, but they might be able to quickly run the plate and go contact the owner. This would help you to get the info you need to file in small claims. As mentioned, you can also use the DMV to get the info after filling out some paperwork.
This really is a civil matter to be settled between you and the neighbor, or by the court if you can't come to agreement. The apartment management has nothing to do with this, and you should not include them in anything at this point. It sounds like you have some pretty good evidence for small claims, so don't worry if if the neighbor refuses to pay.
Your biggest problem will be getting your neighbor to pay even if the judge orders it... so in the long run it might be easiest to go through your insurance. Talk to your insurance and see if they will help. THey might be able to get the other person's insurance information and put the cost on them.

If you go to DMV and fill out the SR-1 then they will send a request to the registered owner to submit proof of insurance. If he owner does not respond then their registration and driver license can be suspended. If they do respond then you can use the information obtained to contact THEIR insurance company directly.

Thank you! Very helpful tips. First I'm going to follow up with the management to ensure they have notified her of the damage. Once confirmed, I will get an estimate from a body repair shop then notified the insurance company directly since she is aware of the damage she incurred yet didn't bother to contact me to pay. I will let the insurance company do the work from thereon. Thank you everyone for ur advice and concerns!!! I'm very grateful!