The Shoulder
The Shoulder
55
genuine-elk-173

Parking garage arm smashed my hood — is the property owner liable or am I stuck?

So this happened last week and I'm still kind of frustrated about it. I pulled into the covered parking structure at my office building — I've been parking there for almost two years, same routine every day. The entry arm was doing this weird stuttering thing when it lifted, but it had been glitchy for like three weeks straight and it always went all the way up eventually, so I didn't think much of it.

This time it only went halfway up, I inched forward assuming it would finish rising like it always does, and then it just... dropped. Right onto my hood. Put a crease in it and cracked part of the plastic trim near the windshield. Not undriveable, but definitely not nothing either.

I immediately went to the attendant booth and the guy there was sympathetic but said he couldn't authorize anything and that I'd need to contact the property management company directly. I filed a written complaint with them that same day. They sent back a form email saying they'd "look into it" and that I should file with my own insurance. Which — really? Their equipment malfunctioned.

I've been parking there under a paid monthly contract, by the way. It's not like I snuck in.

I took photos and video right after it happened. The attendant's name is on my incident report. There's almost certainly camera footage of the whole thing.

Has anyone dealt with something like this where a property's broken equipment damaged your car? Did the property actually take responsibility, or did you have to fight for it? I really don't want to eat this repair cost when it clearly wasn't my fault.

13replies

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13 replies

  • 22
    plain-swift-670

    A couple of things worth doing right now: First, send a formal written request — email with read receipt or certified letter — asking the property management company to preserve all surveillance footage from that day. Footage gets overwritten on a rolling basis, sometimes within 30 days. Second, keep your incident report number and the name of anyone you've spoken to. If this ends up going anywhere, that paper trail matters a lot.

  • 19
    quick-swift-500

    From the inside, I can tell you that properties with parking structures carry general liability coverage specifically for situations like this. The property manager's job is to route you away from that policy if they can. Your leverage here is the maintenance history — if that arm had been malfunctioning for weeks and they knew about it and didn't fix it, that's a documented negligence argument. Get anything you can in writing about how long it's been broken. Even a text to a coworker from two weeks ago saying 'ugh the parking arm is glitchy again' is useful context.

  • 19
    mellow-heron-840

    Ugh, this is so stressful. You did everything right — you reported it immediately, you took photos, you documented it. Don't let them make you feel like this is your problem to absorb. You were a paying customer using their equipment in good faith.

    • 10
      kind-neighbor523

      Solid advice. Getting it in writing is the part most people skip.

  • 16
    steady-kestrel-937

    Get a repair estimate in writing first. Then go back to property management with that number and a short, clear letter saying you expect them to cover it through their liability coverage given the documented equipment malfunction. Give them a deadline — 10 business days is reasonable. If they ignore it or say no, small claims court exists for exactly this kind of thing and doesn't require a lawyer.

  • 12
    keen-badger-700

    Quick question — does your monthly parking contract have any kind of liability waiver or "park at your own risk" language buried in it? Some of those agreements try to disclaim responsibility for property damage. Worth reading it carefully before you escalate, just so you know what you're working with.

    • 7
      weary-wanderer987

      This is exactly what I needed to read today. Thank you.

  • 10
    gentle-crow-174

    Almost the exact same thing happened to me at a shopping center — a bollard that was supposed to retract didn't, and it caught my front bumper. Property management pulled the same "contact your insurance" move. I pushed back hard, kept emailing, and eventually they did cover the repair through their liability policy. Don't let them brush you off with that form letter. Document every single communication.

    • 18
      keen-sparrow-162

      That "file with your own insurance" response is a classic deflection. They're hoping you'll just do it so their liability insurer never even gets a claim. If you file with your own carrier you'll probably pay a deductible and potentially see a rate effect — for damage their broken equipment caused. Don't do it yet. Push the property management first and make noise about their faulty maintenance record.

    • 4
      calm-rider248

      That lines up with what my adjuster told me too.

  • 9
    silent-heron-244

    Not legal advice, but the general concept at play here is premises liability — specifically whether the property owner was negligent in maintaining equipment they had a duty to keep safe for people lawfully using their facility. A paid monthly parking contract actually strengthens your position as an invitee. The ongoing malfunction history is the key fact. Worth at least a free consultation with a PI attorney to understand your options before you accept anything or file with your own insurer.

    • 8
      hopeful-commuter599

      This is exactly what I needed to read today. Thank you.

    • 1
      weathered-late-shift456

      Following up on this — any update on how it turned out?