Expert: Richard Hixenbaugh - 7/27/2009

Question
I pay monthly to park in an enclosed parking facility near work. The garage notified all monthly payers that the garage is in need of maintenance, and will begin work soon. A window on my vehicle was shattered from concrete that fell from the ceiling. There are numerous places were rebar is exposed. I made a comprehensive insurance claim, and am asking the garage to reimburse me the deductible. However, they won't pay it. Aren't they liable to reimburse me for damage to my vehicle from their garage, when they know its in disrepair?

Answer
Hi Ryan,

If there is a contract between you and the garage, it likely spells out what they are and are not liable for. Also since they did send you a letter indicating that the garage was in disrepair, you were aware that there were issues but still continued to park your car there.

I am not saying they are not liable, I'm just stating what there arguments may be. You should send them by certified mail/return receipt requested, a formal demand for payment letter. You should include pictures of your broken window as well as pictures of the area of the garage that broke off and hit your car. You should also read your contract (if any) to see if there is any language that relieves them from any liability.

If they still will not pay then the only thing you can do is take them to small claims court.

I hope this helps
Richard Hixenbaugh