by jaybd1 » Tue Sep 09, 2008 07:16 pm
I was driving through the automatic gate at my work when the gate closed on my vehicle and caused significant damage to the rear fender and ruined the right rear tire. There is a sign posted on the gate that states APPROACH SLOWLY AND THE GATE WILL OPEN. I have video of the incident that clearly shows that I did not speed or try to "beat the gate" in any way. The video also shows that I in fact slowed down to a very low speed because of a speed bump directly in front of the gate. I have approached this gate before while it was closing and as I got near to it, the gate stopped and started retracting. Also, this gate has a history of malfunctioning since its installation several months ago. My company refuses to accept liability and will not notify their insurance company because they said " we know they won't cover it". I have filled a claim with my insurance company and told them the whole story. What I want to know is, who should be liable for damages, my company? or is it my fault for not seeing that the gate was closing? Thank you for any help that you can give.
Posted: Tue Sep 09, 2008 09:29 pm Post Subject:
First of all I combined your posts, they were double posted hope you don't mind...
Also, this gate has a history of malfunctioning since its installation several months ago
Do you have personal knowledge of this? Has the company been back to make repairs? Can you get copys of the repairs?My company refuses to accept liability and will not notify their insurance company because they said " we know they won't cover it".
How can your company possibly know if their ins company will accept liability or not? Unless of course they are a company of adjusters that work for the exact company that insure's your building? Doesn't matter they should still turn it in so that you can receive a denial IN WRITING from the carrier...I don't care who it was they do not have the authority to deny or refuse to turn in your claim....There is another party to this though, the manufactor and installer of the gate...Has anyone turned in a claim with both of them (assuming they are separate company's?)...If not turn in the claims...Personally I think you have a good claim against them...and should immediately turn it in...or is it my fault for not seeing that the gate was closing?
What part of the gate hit what part of your car? Have you talked to your carrier? If you have collision or comp (both coverages could be argued)...then your carrier would repair your vehicle then subrogate someone for what they paid as well as your deductible...Posted: Tue Sep 09, 2008 10:51 pm Post Subject: Liability?
First off, thank you for replying to my question. To answer your questions, the gate I'm talking about is at the front entrance to the chemical plant that I work at. I, like many other employees here, have witnessed this gate malfunctioning from time to time. More often than not, it hangs open or hangs closed, or the sensors just don't react when a vehicle approaches. I believe the company had the installation of the gate performed by our own maintenance people, and I know that they have had to repair it several times. I'm not sure that these repairs or work orders were documented though. The gate has a metal plate that sticks out about five to eight inches past the end of the gate. This is where the chain that drives the gate is attached. It was this plate that entered into the right rear fender well and sliced the tire and ripped the back fender out as I was driving through. I was probably a little more than half way through when the plate made contact. As far as what type of ins. I have, my wife and I have both collision and comp.
Posted: Tue Sep 09, 2008 11:16 pm Post Subject:
Clearly you were more than half way thru if the 1/4 is what was damaged, this would be a collision claim...if you don't want to fight with your employer and I don't blame you...You should file with your carrier, it will be coded as 'non-chargeable' or 'not at fault' so you shouldn't see a rate increase for this...you will more than likely have to cover your deductible on the front end, but your carrier should heavily pursue your company in a subrogation claim...Who ever is putting out this isn't covered is wrong, wrong, and wrong again....
Posted: Tue Sep 09, 2008 11:49 pm Post Subject:
does the parking garage have any policies regarding responsibilities for damages? still try to file a claim with your employer and warned other coworkers about this damaging gate!
low.com/insurance
system edited-link deactivated
Posted: Wed Sep 10, 2008 06:18 am Post Subject:
Yup, you can surely put it through your carrier, and since you have the collision coverage, you are likely to receive compensation for the damages caused to the vehicle.
However, your company is rather behaving in a wired way. How come they know that their claim is likely to get denied even before truing the claim to the carrier? They are not authorized to decide which claim the insurer should accept and which one they should deny. IMO they are only trying to avoid paying the compensation.
Lori, what chances he has in convincing the company to file the claim with its insurer? Should he move to the court against the company for avoiding its responsibilities?
Posted: Wed Sep 10, 2008 09:13 am Post Subject:
Lori, what chances he has in convincing the company to file the claim with its insurer? Should he move to the court against the company for avoiding its responsibilities?
Well he'd have to have the name of the carrier to begin with...and going to court is an option, but since it's his employer thought that could be sticky...I think best course of action is to let his carrier's pit bull (hopefully) subrogation dept handle it... :wink:Posted: Wed Sep 10, 2008 09:45 am Post Subject:
Subrogation seems to be the only suitable option available to him.
Jay, please forward the claim to your insurer. You'll receive coverage under the collision component of your policy.
The insurer will compensate you for the damages and afterwards will pursue the insurer of your company for the amount. They will also recover the amount you have paid as deductible during this process.
Moving to the court against the company is a more direct approach, but since you are stuck with the employer, subrogation remains the only available alternative.
Wish you all the luck and do keep us posted with the developments.
Thanks,
Rupert
Posted: Thu Sep 11, 2008 12:05 am Post Subject:
I would like to thank all of you for help that you have given me. I've taken ya'lls advice and will let my ins. company handle the situation. Lori, you are right about me not wanting to cause any tension with my company. They are one of the best employers in my area. My claims adjuster said pretty much the same thing that you all did. He said that my company cannot arbitrarily deny the claim without contacting their ins. Anyway, I'll try to keep you posted with any new details. Thanks again so very much and keep up the excellent work.
Posted: Thu Sep 11, 2008 10:03 am Post Subject:
Jay, speaking for everyone you are very welcome, glad we could help...please do let us know how it goes...
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