What are my rights if the carport at my apartment collapsed on to my car?

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What are my rights if the carport at my apartment collapsed on to my car?

My carport, which I pay $15 a month to park under, collapsed on to my car. I called my insurer but because I only have liability they won’t cover the damage to the frame of my car nor the windshield. So I talked to the property manager and all she could tell me was it was an act of god, so they have no reposability to cover the damages. What should I do?

Asked on March 25, 2016 under Accident Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The insurer does not have to cover your car if all you have is liability--that covers damage to other people's cars (or injuries to other people), not to your own.
The landord would be liable IF the carport collapsed due to some fault of theirs--for example, if it obviously had rotting or damaged supports or was sagging, but despite seeing that it posed a risk of collapse, they did nothing. That failure to take action despite an obvious risk would be negligent, or unreasonably careless, and could make them liable--though if they won't pay voluntarily, you'd have to sue them and prove their negligence in court to get compensation.
On the other hand, if they did nothing wrong and there was no obvious flaw, etc. in the carport, but it simply collapsed due to, say, a heavy snow or heavy wind, then they would not be at fault and would not be liable.


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