What can I recover if a malfunctioning gate at an airport fell on my car doing $1400 in damage?

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What can I recover if a malfunctioning gate at an airport fell on my car doing $1400 in damage?

The airport has claimed fault and a police report was taken. They are willing to pay for the damage but will not compensate me for loss of value because of an accident on my vehicle’s history report. Do I have any recourse for a small claims case?

Asked on January 29, 2015 under Accident Law, Florida

Answers:

Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

Generally, in order to get the money for the repairs, the potential defendant is going to make you sign a release, waiving any additional damages against them.  So if you take the money, you can not also pursue a claim for diminished value.  If you prefer to hold out and not take the money, you can sue for both the damages and diminished value, at least in Arizona.  Other states' case law may produce a different result.


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