QUESTION
Is the apartment complex or city liable for flood damage to my car on two different occasions?
Asked on Jun 18th, 2013 on Landlord and Tenant Law - Idaho
More details to this question:
I moved into my apartment June 2009. My parked car was flooded in the parking lot August 2009. I notified the apartment complex and they said there was nothing they could do. I had to buy another car with my insurance. Today, my car got flooded again. I have pictures of debris on the storm drains and pictures of the water flooding my parked car. I notified the apartment complex and filed a claim with the city. The apartment complex said it was an act of God. However, the maintenance man was cleaning off the debris from the drainage system within the hour. Do I have a case or do I have to take another hit on my insurance?
2 ANSWERS
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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It sounds like there is a design defect in connection with the construction of your apartment complex parking lot that makes it prone to flooding. The first flood indicates that the owner of your apartment complex is well aware of this problem. It follows that you probably have a viable claim for negligence against the property owner resulting in damage to your vehicle. Nonetheless, it is doubtful that it would be cost-effective to use an attorney to collect on this claim. The value of your vehicle, less any debt against it, may not be sufficient to find an attorney willing to collect on a percentage fee. Additionally, it might not be realistic for you to delay replacement of this vehicle for whatever time it takes your attorney to collect on this claim.
Answered on Jun 18th, 2013 at 10:36 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Act of God. It is for your insurance to handle.
Answered on Jun 18th, 2013 at 10:26 AM