What to do if damage was done to my car at a park because the entrance gate slammed into it?

I was leaving a city park and on the way out the entrance a gate flew into my car damaging the front end and the window. I called the city police and when they came out they had the car towed. It was a total loss. They then contacted the city park and they gave my information to their insurance. When their insurance called me back they had told me because the gate’s chain was missing they consider that an act of vandalism and therefor will not be covering the loss of my car. Do I have any rights on getting compensated on my loss of the car and towing?

Asked on June 11, 2012 under Accident Law, Pennsylvania


Andrew Goldberg

Answered 8 years ago | Contributor

Yes, but you have to prove negligence. You  can file a lawsuit hoping to prove that the City knew the chain was missing and either failed to fix it in a timely manner , failed to warn you of the missing chain, or failed to shut the gate down  ( knowing that the chain was missing ). Alternatively, you would seek to prove  that the City had sufficient time to inspect the gate and discover the missing  chain. Howecer, if you have collision or comprehensive insurance coverage under your auto policy, your insurer may pay for the total loss of your car. Good luck.

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