by tswearngin » Tue Nov 04, 2008 07:30 pm
When pulling into a parking space in a handicap lot, my car scraped bottom and broke the oil pan. There is a dip at the entrance to the space that is unmarked and deep enough to catch the oil pan. The property's insurance company is denying the claim because there is not a design flaw in the parking lot. I would not have broken my oil pan if the dip had been marked.
Posted: Wed Nov 05, 2008 02:19 am Post Subject:
Have all the vehicles pulling into this spot had the same thing happen? If not, why was it only your vehicle? I think this is the issue that the other carrier is questioning.
Posted: Wed Nov 05, 2008 05:38 am Post Subject:
Yup, I agree with tcope, if the accident has happened to your car only then the problem isn't definitely with the designed of the parking lot. However, of you have the collision coverage on the car, turn the claim to your insurer. It would cover the repair cost for the damages.
Posted: Wed Nov 05, 2008 01:56 pm Post Subject:
We've all hit these entrances...fact of the matter is if you go reallllllllly slow it won't happen...if you have collision coverage on your auto it will cover this loss...more than likely it's less than your deductible...if not certainly file the claim, if your carrier feels there is subro potential they will go after them, but it's highly doubtful...as Tcope said, how many other vehicles go in and out without damaging the oil pan?
Posted: Thu Nov 06, 2008 02:32 am Post Subject: broken oil pan
The 4 spaces in the parking area all show scrapes and chunks of cement missing at the entrance to the spaces. I took photos of the scrapes on all of the entrances and the broken chunks of cement. This information was provided to the property insurance agents. They admitted that there is indication of other vehicles scraping when pulling into the space. However, they did not feel that there is a design flaw. No one at the property management company will admit to a problem but the dip is now painted and there is signage warning that there is a dip. Curious that the paint and signs are up now after I made my claim. :?:
Posted: Thu Nov 06, 2008 05:28 am Post Subject:
I've seen those in many places as well. They usually indicate the several people have pulled in too fast and bottomed out.
Once the owner knows that there is a condition that may be a problem, to some... they should take actions to prevent further damage. This is the correct thing to do.
Without seeing the location it's tought to know if the area is unsafe or just if driving too fast caused the damage.
Posted: Thu Nov 06, 2008 06:01 am Post Subject:
Inform your insurance agent about this issue. He might be able to help you in deciding the course of action. Also take the photograph of the current signboard that reads that there is a dip. It'd strengthen your argument.
I'd rather suggest that you turn the claim to your insurer, it would benefit you as you'll get a quick compensation for the damages. And if your insurance company feels that the parking lot was negligent towards their action, they may recover the amount through subrogation from the insurance company of the parking place.
Posted: Fri Nov 07, 2008 12:26 am Post Subject:
Have you even checked out how much it will cost to repair your car? You might find out that it isn't even worth the hassle - the repair is so little.
Posted: Sat Nov 15, 2008 03:42 pm Post Subject: broken oil pan
[color=DarkBlue]yes i checked out the cost, you can't drive a car without oil - then i would't have an engine. had to have the car fixed the same day, it is the only vehicle for 2 drivers. $715 is worth a little insurance hassle. i am not rich, my spouse is chronically ill and i just need some relief. i was driving under 5 miles per hour when pulling into the space. i have several witnesses, names, phone numbers and addresses. i have pictures of the incident and the newly signed and painted dip.[[/color]color=DarkBlue][/color]
Posted: Sat Nov 15, 2008 05:03 pm Post Subject:
Tswearngin, Do you have collision coverage on your vehicle? If so what is the deductible and have you reported this to your carrier? Also have you actually received a WRITTEN denial from this carrier? Have you talked to the CLAIMS dept of this carrier or only the agent?
Posted: Mon Nov 17, 2008 07:24 am Post Subject:
It sounds as if you are talking about actual parking spaces and not an entrance into a parking lot... so I don't see speed being the issue, unless these are parking spots directly off a roadway.
In either case, here's your problem.. $715 is more then most people have lying around to pay for repairs, and it seems if you don't have your own coverage. The PM's insurance company knows that it is not a large amount for them, but figure that they can deny liability and hope that you won't pursue. They know most people aren't going to get an attorney for such a small amount.
Your best option... small claims court or at least a letter to them stating that this is the option that you are going to pursue. Send to both PM and carrier. Give them a time frame... (2 weeks) and let them know you will then pursue small claims. You said you have witnesses and photos. This would seem to be the only way you might get some relief.
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