What are my rights if a storage facility gate closed on my vehicle?

The facility caught it on camera and said it was their fault. They told me to get 3 estimates

which I did and then turned them into the storage facility. This was 4 months ago. First they said that they were looking into it. Then they said they had an insurance investigator looking

into it. Now they say they are not going to pay me. The gate not only closed on my truck, it stayed closed on it all the way down the side of my truck. It should have opened back up after hitting my truck. To me it seems like they figure I won’t stand my ground that I will stop fighting them because it’s been so long. What kind of attorney can I get to see this through?

Asked on May 11, 2016 under Accident Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the facility was in any way at fault in causing the damage--e.g. the gate was improperly maintained; or one of their employees closed it on you--then they are liable for any costs, damage, etc. it caused. (Conversely, if they weren't at fault--for example, if the gate was working correctly, but it closed on you because you waited until it was starting to shut to drive through it--then they are not liable.) If you believe they were at fault but they (or their insurer) will not voluntarily pay, you could sue them for the money. You would sue the facility itself; you do not sue their insurer.


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