Security Gate Fell and Scraped Up My X5

JonK · #1 10-01-2006, 11:37 PM

I was driving my X5 into an underground apartment parking garage where my friend leases. The garage gate was a dated rectangular shape that is lifted only by the remote control.

When my buddy pressed the remote control to let me enter, there was a guy who drove out in a hurry. Since the gate was open I drove in. As I entered 1/3 of the length of my X5 the gate started shutting down. When I heard top of my X scraping it was little too late. The gate went back off eventually but my 13 month-old baby is scared and bruised.

Some questions needs to be answered.
1. The sensor should have stopped the gate from falling down one my car was in the parking lot. I believe that the management company at fault for failing to maintain the garage gate properly. How would I go about seeking compensation? At least I would need the damage done to my car fixed, and car rental , comparable to my X5, paid while she is in body shop.

2. I have filed an insurance claim which I have $500 comprehensive deductible, AAA. The lady who wasn’t an adjuster (since it was a weekend) advised me it wasn’t necessary to file a police report since there’s been no injury. She also told me that the adjuster will advise me on how to seek compensation to the property management company on Monday. Am I on a right track?

Can I count on my insurance company to go after them or I should do something about it? I will appreciate any constructive input.

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LeMansX5 · #2 10-02-2006, 12:05 AM

Should have your insurance co. go after them. They should have a sensor to avoid the shutting if a vehicle is there. That's what I have seen at most gated communities.

SANguru · #3 10-02-2006, 12:29 AM

the whole pt of a gate is for security. 1 car at a time. Common sense should've told you not to enter unless you fly through it fast. You're at fault, not the apt owner.

blondboinsd · #4 10-02-2006, 01:04 AM

Its a sucky situation but it is 1 car per time and it looks like it has a clearly posted sign

JonK · #5 10-02-2006, 02:55 AM

1. It doesn't have one car at a time sign posted. Do you see sign "warning one car at a time"? Not in the picture, nowhere near the building.

Quote:

Originally Posted by blondboinsd

Its a sucky situation but it is 1 car per time and it looks like it has a clearly posted sign

2. I had my friend holding the garage open button right in front of the entrance while I was entering. As I stated at least 1/3 of my car was already in the garage.

Quote:

Originally Posted by Sanguru

the whole pt of a gate is for security. 1 car at a time. Common sense should've told you not to enter unless you fly through it fast. You're at fault, not the apt owner.

blondboinsd · #6 10-02-2006, 03:09 AM

I'd say to fight it, you don't want it to be counted against you, good luck!

fln8tive · #7 10-02-2006, 08:27 AM

Wow, that stinks...this would appear to be a bona fide claim...it was an accident. And if your friend was holding the button, than you should be fine. Noticed the "CCTV" sign. You may want to find out how long they back up the tape for--they may claim you were not supposed to be following another car. G/L

LVR · #8 10-02-2006, 11:26 AM

Quote:

Originally Posted by JonK

1. It doesn't have one car at a time sign posted. Do you see sign "warning one car at a time"? Not in the picture, nowhere near the building.

2. I had my friend holding the garage open button right in front of the entrance while I was entering. As I stated at least 1/3 of my car was already in the garage.

I'm not a fan of immediately seeking compensation from the owners without first establishing some answers to valid questions.....

1. WHY did you go in when someone else was exiting... you knew you were taking a risk. We ALL know that doors are designed to close after a short interval.
2. Does the remote actually shut the door as well?
3. Who opened the door, your mate or the other driver
4. How do you know the gate didn't receive more than one signal, ie your friends AND the other car driver?
5. How do you know that holding the remote down doesn't immediately switch the gate from open over to close? If it has a relay and operates on a 'change of state', your friend could very well have ordered it to close as the second signal it received...
6. How do you know if your friends remote was working or he actually was pressing it properly?
7. The next question you have to answer if you go after the owners is WHY you were going in there without being an occupier (from what you have written). They may well say you weren't authorised/entitled to go in there.
8. From what I can see of the type of door, it is a tilt door with a rotating chain drive. It is designed to only stop when the motor cannot continue and a relay is tripped. This type of door does not usually have a wall mounted sensor to prevent the door operating when obstructed.

Unless you can see a wall mounted sensor that clearly should have protected you, I am afraid the door operated like it was designed to and you have no justification for arguing compensation (they are also usually 'change of state' switched and as such either your friend or the other car owner told the door to go down by mistake).

You are unlucky to have suffered the consequences of not waiting, but hey, that's life. Good luck with it.....

nupe10123 · #9 10-02-2006, 12:02 PM

That is really unfortunate. However, by your description, sounds like the gate worked properly by hitting an early obstruction and going back up. Some gates do have the sensors that if you cross a infrared (i think) line, the gate will remain/open. However, I'm more accustomed to seeing these on home garage doors or apartments with the rolling side-to-side gates.

According to your description of the situation, you were not the only car that went through on that single activation. I'm sure the owner of the bldg. will mention that in any action you take against them, claiming the door worked as designed and you were negligent in your action.

With that said, in my short 5 years in this country I have learned that Americans like to sue, if it's our 'fault' or not. This is not a criticism, just an observation. You can sue or let your ins. company do so, you may win and if you do, great - you would have saved some money and possibly prevent someone else from making the same 'mistake' that you made. If you loose, then it will be just another lawsuit that goes by the wayside.

I wish you luck in getting your wonderful car repaired to your satisfaction and hope you and the owner come to an apprpriate close to the matter whatever that may be.

r6girl · #10 10-02-2006, 12:27 PM

i'm sorry to hear about the damage to your X5. had i been in your situation, i would have been screaming "noooooo!!!!!" while shaking my fist in the air in frustration as the gate scraped it.

but, i have to say i agree with lvr, sanguru, and nupe10123. lvr has a good list of questions to fully gather the facts here, but i'm struck by the fact that another car exited and you tried to enter (even while your friend was activating the remote to open the gate) right after. i've seen gates for apartment complexes like this close quickly, and always assume it's going to close quickly after just one vehicle passes.

unless you've fully tested out your buddy's remote and that it operates as it should, and verified that there is an infrared sensor to stop the gate if there's something in the way before it hits anything and that this is no longer working, i wouldn't pursue the apartment owner. if there's no infrared sensor, the gate was most likely operating as it should.

i'd be mad in your shoes too, but i think you made a mistake from what's been described here so far. if all the facts bear out that the gate was operating as intended, please accept responsibility for your own actions and don't pursue the apartment owner.

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