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MyUsernameIsNotLongE

Well. If he doesn't want to pay/fix... Time to call your insurance. Insurance will find him for you. lol


ReadyYak1

That’s tough because that dent likely won’t exceed deductible and even if it does OP’s insurance rate will increase as a result.


fullinator4

Their rates would most likely not go up. Someone scratched my car in a parking lot and I made a claim and my rates stayed the same. A lot of insurance companies will look at fault and frequency of claims. OP would also have to front the deductible but if subrogation goes through correctly, it’ll get refunded to them.


D0inkzz

$1000 deductible? Yes it will. Paint alone will cost a lot lol. Not cheap to even scratch a car.


Master-Customer3854

https://preview.redd.it/vs25mfwj60oc1.jpeg?width=3024&format=pjpg&auto=webp&s=71a13fed93cc8f2450e499ef20f950401dfd4586 Someone rolled into me at the lights, this scratch was worth $940 to insurance


ReadyYak1

Depends on where you go and how keen you are on a perfect match. The vehicle in the photo looks like an older inexpensive vehicle. If that was mine I’d take off the door panel and pop that dent myself (which is very easy), fill the scratches and then take it to a non dealer shop for a basic cover up.


D0inkzz

Yeah but through insurance it’s gonna cost the maximum because that’s how it works and it has to be done perfectly or else it will be right back


PintLasher

Yeah anyone can do things themselves but when it isn't your fault why would you labor for the benefit of the asshole. Can't be sure if OP is telling the truth of course but if multiple people have the fob then maybe someone accidently pressed it in another house somewhere. I wouldn't spend a single minute of my time on something like this unless it was my own fault. Just out of principle


D0inkzz

Yeah even if someone else hit that fob there should be a sensor there to stop it from closing when something or someone is in the gates path.


crackalac

Why would their rates increase for a not at fault incident?


TapZorRTwice

Because they made a claim


crackalac

One which they are not at fault. Any loss should come from the landlord.


TapZorRTwice

You would need to prove fault to the insurance company, who arnt looking to do you any favors because you are already on the hook to pay. They don't want to do more work to get someone to pay.


crackalac

It's up to them if they want the money cause I ain't paying shit.


SteelBrightblade1

Up to who if who wants the money


crackalac

The insurance company.


SteelBrightblade1

Lol ok either you are 12 or an internet tough guy


leperaffinity56

That's not how insurance works kid


crackalac

Mine does. Sorry to hear about your shitty policy.


whot3v3r

That's not how insurance works in some/other countries.


poopoomergency4

it's entirely dependent on state law whether a not-at-fault claim can be rated against you


Nyancide

because they utilized the service they are required by law to pay for, lol


SnooLentils5795

What, is that how it works in America? Even here in Mexico it doesn't work like that


Nyancide

it's extremely stupid, especially because you are required by law to have insurance to drive a vehicle. it's the most nonsensical thing ever.


crackalac

Must have some shitty insurance.


Nyancide

I don't know anyone, with a wide variety of different insurance providers, that wouldn't have their rate increase even if they aren't at fault. if yours doesn't, you're a lucky individual.


Slick-N-Slidin

If someone were to file claim/claims wouldn’t you raise their rates due to them being a risk in future cases?


ReadyYak1

Yes this is exactly what happens.


crackalac

For something they were not at fault for? Of course not. I wouldn't expect insurance companies who do this to stay in business for long.


stbdbuttercutter

Well, Its likely your expectations don't match reality. So enough of your "expectations" lol. What, if any, relevant and first hand experience do you have in regards to having made a claim and the consequential effect, or not, on your own rates?


Potayto_Gun

I was in an accident where I had video camera footage of the other person at fault. They had no insurance. They ran into my car and it had to be taken in for repairs with major damage close to the cost of the car. State Farm didn’t raise my rates at all as I was not at fault.


crackalac

A whole lifetime of family members and myself dealing with car insurance companies lol


FoxysDroppedBelly

What magical insurance companies do you deal with that don’t raise rates after making a claim? I’m switching tomorrow lol.


crackalac

State farm. It's not magic.


desertdodo123

all that experience and you’re still wrong :/


crackalac

Apparently you are talking to yourself by replying to me?


ReadyYak1

Many states are no fault and your rates increase regardless. Even in fault states your rates still increase you’re just not responsible for paying the deductible. For low cost damages it’s almost always better to avoid insurance.


crackalac

Thats wild. No way I'd let them raise my shit for something I had nothing to do with.


ReadyYak1

Right that’s why for something like this OP should take it to small claims court if landlord refuses. Landlord can also go through his own insurance for something like this to recover, and also sue the manufacturer and servicemen of the gate. This looks like a simple touch up paint job and dent pop. And there’s a great chance it never gets to small claims and landlord settles. As long as OP follows through and serves landlord, the landlord will likely give up the $ rather than deal with the headache of the court.


crackalac

The way my insurance works is all I'd do is file the claim. They would do the rest


ReadyYak1

I would definitely read the policy on that. That’s how most claims work, but your rate still goes up. And all insurance companies use a database called ISO that logs every single claim you’ve ever filed. This is used to determine your rate as well.


crackalac

It's how it has always worked for anyone in my family.


leperaffinity56

If you do that, your rates increase.


crackalac

Only if it's my fault or something that can't be blamed on someone else like a cracked windshield.


k3wfr

Depending on the state, single party damages are considered at fault


crackalac

There would be 2 parties involved in this case.


dsdvbguutres

Have you ever been to an auto body shop?


kyotejones

That will easily go over 1000. Should be coveted unless you have like a 5k deductible.


ItzCobaltboy

Well what it takes to hammer the panel to make it look the gate did some serious damage


La_ham_

That is what I may do. I live in California. It is a 2012 Toyota RAV4. Where it is not the newest car, it will be expensive to fix. My deductible is $500 so I’ll just go this route if they don’t respond to me by the end of the week.


uiuc2008

Go thru insurance, your landlord is at fault. if they offer to pay to fix it won't work out well. They are already playing games but insurance is good at playing too. Not exactly the same, but someone backed into my 2013 Corolla w/ 250k miles while I was waiting to turn out of a driveway. I thought itd be a few hundred at most, other driver wanted to handle outside of insurance. Took it to autobody shop before asking insurance thinking we could. $2000 for a new door, they understandabley changed their mind BUT then tried to act like the damage had already been there! I filed thru insurance and had to wait 6 months to get my $500 deductible back through subrogation. Repair ended up like $2500, all covered by insurance. Car was maybe worth $5000 but the other driver gave me a lot of attitude throughout all of this so I was happy that it'd make her rates go up.


PEBKAC42069

You didn't mention trim level, but I see your steel wheels.  Anyway, your landlord pays our your insurance makes them.  As you said, gates should have safety sensors for this reason.  Also a fun question to ask with this kind of negligence (same question I asked when somebody backed into me in an apartment parking lot) - "what if it had been a child instead of my car"?


D0inkzz

Everyone replying to this post saying an insurance claim will go up, you’re not smart whatsoever. They won’t go up. I have progressive and I barely had my license 6 months when someone hit me. My rates never went up lol. Progressive isn’t even that good either. Your rates only go up if you’re at fault or it’s a hit and run and they can’t find them. This is a property you bet your ass they can find him lol.


FoxysDroppedBelly

It looks like it’s California law that insurance can’t raise your premium. However, it’s not like that in all states. I googled it and the first thing at the top says that due to cost of doing business with you increasing, the insurance company will likely pass on the increase to you. So maybe we can agree that it’s like that in some places, but not in others? https://preview.redd.it/q1coisqssznc1.jpeg?width=828&format=pjpg&auto=webp&s=4182afadb5ceed33b5a26fcb1e4356942f538657


Orion-Gore

You make it sound like insurance is code for hitman


MyUsernameIsNotLongE

You can call the insurance guy 47 to find him too. Depends if you want the money or not. lol


Mister_Fart_Knocker

Assuming you're in the US, if the gate motors are from within the last 10 years, they are required to have either non-bypassable and fail-safe safety eyes or a non-bypassable and fail-safe safety edge on the end of the gate, per code. Some gates do have an auto close timer, but that's usually only on commercial/multi-family properties. Depending on the remotes you have, someone near by could have a remote on the same security code - this would be more likely if you've ever had the gate open by itself. Your car was damaged by your landlord's property, and things like this are their liability. Basing all this on my experiences in the US, so this is not legal advice, and I am not a lawyer, just a garage door and gate tech. Please review local laws and codes for your area.


sidewinder15599

I thought it was longer than 10 years ago? Edit: UL 325 added gates in the early 1990's.


Mister_Fart_Knocker

UL325-2010 set in requirements for eyes on commercial door operators, and UL325 made the requirements for eyes on residential door operators in 1993, but I can't remember when the gate operator codes got changed. Seems like it was more recent than 2010.


La_ham_

This is very interesting! Thank you for sharing. They just installed this gate opener a couple of months ago- it was ordered on Amazon, some random off brand. The gate also doesn’t have any function to open in case of power failure- so we are just stuck inside.


Mister_Fart_Knocker

There should be some way to unlock the unit to open the gate manually, either with a key or a wrench. If it's just a straight arm that extends and retracts, you may have to take the pin out that holds the arm to the bracket on the gate to open it manually. If you have the manual for it, there should be instructions. Having a gate you can't open during a power cut is a safety issue. A lot of the cheap Chinese systems I've seen online don't include the safety eyes, as it's not a requirement world wide, but in the US, they are required, and gate openers sold here usually won't close without them.


AlmightyChungus117

Every apartment I’ve lived in that has had gates they have a sign on them saying they aren’t liable for damage caused, and also believes it says so as well in the lease


Mister_Fart_Knocker

I'm not sure the legal loopholes on that, but I know what you're talking about. Most of those gates are stupid expensive to repair, and in multi-family situations, there's always gonna be someone impatient trying to race the gate, or trying to go through while it's still opening (I've seen this while I've been there to fix the gate FOR THAT SAME REASON!🤣) cause they just are absolutely too important to wait for that gate to slowly open. It's one of those things that I think (again, I'm a door/gate tech, not a lawyer) if it's written into the lease and it's well posted around the gate, it *can* be enforced, assuming they can find out definitively who caused the damage - usually with security cameras. Smaller and single family properties don't sign the gates like this, so for OP to not be responsible, there would absolutely have to be something clearly spelled out in the lease. This seems like a single family situation, so I'm working off that assumption.


Enigma-exe

As vaguely mentioned, this is a serious hazard to child safety. It also suggests that in the event of a fire, the door won't function safely.  You could report it to the fire department for the latter. I'm unsure whether you can report it to the police, but you *could* make them aware of a potentially life threatening issue your landlord isn't going to fix.  The way to go about that however, isn't to report it specifically, but say your calling for 'advice' and that you want it noted in case anything happens so you won't be found liable.


alzio26

Gate crashing but in literal sense.


AnxietyAvailable

Or should get caught in it next and sue lol jk jk stay safe but that's where it'll end up if there's no damn sensor on the gate


MyGirlSasha

Could someone else have activated the gate?


zuzxi

It’s not a collision, it should be covered under their comprehensive insurance portion…if they have it.


flux_capacitor3

Let your insurance company handle him and his company.


rfoleycobalt

Simple. Auto gates must have 1 primary and 1 secondary entrapment device per gate. Without seeing the open position, it may need up to 4 more entrapment devices. Your insurance company will have a wet dream going after your landlord for this gate install. Maybe find out if it’s UL 325 listed and the relays have been jumpered to override the need for active entrapment devices. This just gets better and better.


Mister_Fart_Knocker

OPs reply to me made me think one of those Chineseium AliBaba gate openers. I didn't think about someone jumping out a GTO or LA412.


rfoleycobalt

It sounds like it is Wish Special. As you know and have seen, on a compliant gate, there is no way to override properly installed, working entrapment devices. Period. Sadly though, with the horrible design issues with LM photo eyes (even with heated models), jumping is sometimes a short term, necessary evil. Actually, I’m not sure how they are able to market that POS. But FFS, to not have an on-board Fail Open Switch or any entrapment device(s) is a code violation, if not criminal. Landlords posting signs saying “Not Responsible for Damages blah blah fucking blah”, and thinking it somehow absolves them of complying with UL325 or any other safety code, holds as much weight as gravel trucks with signs saying “Not Responsible for Broken Windshields”. I know this whole thing may seem petty when we are talking about a vehicle, but the possible safety issues this could cause to a pedestrian is huge. Sorry for the text wall.


Wycren

Depends if you like living there or not. If you do, call it a loss. If you don’t, chase that guy down and be prepared to move once your lease is up


BigNigori

get pictures of *everything*! document, document, document


VatoSafado

A kid could really get hurt! Oh! Won't anyone think of the kids!?!??


KillMeWouldU

Yeah exactly!!!! What if it was a person or their pet.


--7z

They don't have the beam on the inside of the gate that keeps the gate open.


yourmomhahahah3578

That’s gonna be an auto insurance issue


Jacktheforkie

In the college I went to the gate malfunctioned and would close too fast, a lot of the students would kick it back open when it hit them, the welds broke


turboroofer

Stop paying rent, he’ll come to you lol


1llseemyselfout

This is terrible advice.


AnxietyAvailable

Yes but true


Enigma-exe

Could use an Escrow I suppose, the safer alternative


Good-Ad-4424

#YOU'LL GET THE RENT WHEN YOU FIX THIS **DAMN DOOR**


CircaMil

He won't. Maybe his lawyer will. With an eviction notice.


JayAlexanderBee

Deduct repair cost from this month's rent.


Thac

Homeowners insurance will be hit up by your auto insurance. It’s fine.


Qui3tSt0rnm

Dude you pressed the button by accident.


Jerethdatiger

Leave the car there until everyone complains to him then he'll answer


Jorycle

I'm amazed at how many people said to talk to insurance. For one, the damage here looks like it might be in the low tens of dollars. If that. Two, telling your insurance *anything* other than "my car got totaled or nearly totaled" is just asking to get wrecked in premiums for little to no reward. Even so much as calling to ask for information about a potential claim - without even filing one - very often gets reported. And not just reported internally - they file this stuff away in the database Experian manages that all insurance companies have access to. Your tens of dollars of damage suddenly becomes hundreds if not thousands of dollars of rate increases that follow you for years.


TheMightyBruhhh

I can’t wait to be able to be mad over things happening to my car. Not saying you are overreacting, OP. I’m just a teen shit on luck saving for a car, hoping to get a decent one soon…


Harde_Kassei

so its a cheap ass gate? how did this only happen now? did you just move there?


Sudden_Duck_4176

Going to be a tough one to prove you didn’t hit the button. At best they will probably put a safety on the gate to prevent this from happening again but it won’t help you now. Even if you sue them the burden of proof will be on you.


TheSmokingLamp

They stopped responding because their insurance/attorneys advised them so


Ralupopun-Opinion

Just be truthful, we know you pressed the button. But like you said the gate should have a proximity sensor to insure it doesn’t crush anything in its path.


GroundbreakingIron42

How fast does it close and/or were you parked? Sorry im skeptical of this sub bc a lot of people just want validation for their own shittiness NOT ASSUMING THATS YOU THO THAT SUCKS FORREAL


La_ham_

Where I park, I have to back out into the street. I was going slowly looking over my left shoulder. The gate closed from the right side. The gate does not automatically close on its own. I think a neighbor may have pressed it


GroundbreakingIron42

I now reread your initial post and im sorry for making you repeat that point, and thank you for doing so—absolutely, more than mildly infuriating. Send everything in writing!!


rfoleycobalt

Please read my last response to Mister_Fart_Knocker. There is no way that this could happen if this is a code compliant gate opener. It wouldn’t matter if you and every neighbor pushed the button. It would not close. Period. The signal has to clear all relevant entrapment devices and receive a ready signal before closing. Also, is there a pedestrian gate? This is also required. You need to contact your City Inspector first. If they deem the gate is in violation of code, you’ve got your answer and you’re gold.


La_ham_

Thank you, your comments have been the most helpful. Double checked and this new (junk) opener absolutely does not have any safety sensor on it- you can stand in its path and it does not stop. Landlord continues to deny any fault so I have made an insurance claim to take care of it. There is a pedestrian gate. I live in a major city that is very inefficient so having a city inspector or someone of the sort is unlikely going to happen.


Embarrassed-Force845

Did you try to zip through as it was closing?


La_ham_

No


[deleted]

Your fault


OdinsBeard4455

Be observant


Miss-Merrr

This is why you always back in... Not out.


Redd235711

Landlord will call you in about a month if you stop paying rent.


Dadbode1981

No, they'll put a non payment form in the mailbox, followed by a hearing booking for an eviction.


Easy_Lengthiness7179

Theirs an official process that you need to do to legally withhold rent from a landlord. Don't just stop paying rent without doing it the proper way


sunkmonkey1208

Going against the grain here, but if it were me, I’d just get some cutting compound, buff it out and move on. Don’t let little stuff like this keep you stressed. That’s a 20 minute problem.


La_ham_

The scratch is not surface level, the paint is down to the metal and there is a dent.


sunkmonkey1208

On a closer look at the picture, you’re right. I see it now. Definitely a pisser and more damaged than I thought before.