QUESTION
Should the apartment complex pay for my deductible for car insurance after my car got flooded since I live next to creek?
Asked on Sep 30th, 2012 on Personal Injury - Tennessee
More details to this question:
I live in an apartment complex that is next to a creek or canal. There was a flood warning on the news, the creek overflowed, water got into my car. I called my insurance and I got a rental, my car is pending inspection by dealership and insurance co. Should the City or my apartment complex pay for any damages? insurance deductible?
11 ANSWERS
Steven D. Dunnings
No.
Answered on May 28th, 2013 at 2:57 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Why should either pay? Did they do something negligent? Unless you can prove they either did something they shouldn't have done, or failed to do something they should have done, neither can be held accountable.
Answered on Oct 04th, 2012 at 12:48 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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What is the negligence that you are alleging took place by the city or the apartment complex? It appears that the flood warning was issued, but was not heeded. However, you may wish to contact my office to discuss further.
Answered on Oct 03rd, 2012 at 12:38 AM
Thomas Edward Gates
You would be lucky to prevail. You knew there was a creek on the property and chose to part nearby. You received notice warning you of the creek flooding, but elected to not move your car. The landlord will claim that the flooding was an act of god and, hence, is not liable.
Answered on Oct 01st, 2012 at 11:21 PM
Ronald A. Steinberg
No, why should they? You could have moved your car. They have no control over the weather or over the creek. They have no control over your car. People or companies are responsible only when they have control over the cause of an accident.
Answered on Oct 01st, 2012 at 1:59 PM
Dennis P. Mikko
Assuming the creek flooded due to natural causes, neither the City nor the apartment complex would be responsible for damages. Next time, when there is a flood warning, move your car to higher ground.
Answered on Oct 01st, 2012 at 12:55 PM
Bankruptcy Attorney serving Bellevue, WA
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Wild Sky Law Group, PLLC
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Unless the city or apartment complex were negligent in some way, they are not responsible for your deductible. Without knowing any other facts, it appears the flood was a natural consequence of the weather and flood warning.
Answered on Oct 01st, 2012 at 12:31 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You moved to the creek and want someone else to cover your loss? I don't think so you need to prove fault always and lack of fault on your part in order to be successful in any civil matter.
Answered on Oct 01st, 2012 at 12:26 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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No, they should not.
Answered on Oct 01st, 2012 at 11:52 AM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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No. They shouldn't pay.
Answered on Oct 01st, 2012 at 11:52 AM
William C. Gosnell
This is a negligence question. Did the apt complex owe you a duty and then did they breach a duty to you?
Answered on Oct 01st, 2012 at 4:24 AM