What to do if I was exiting a state park when the gate, which was opened and unsecured, swung open and caused serious damage to my car?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I was exiting a state park when the gate, which was opened and unsecured, swung open and caused serious damage to my car?
The damage was to my bumper, headlight, and fender. I do not want to claim this on my insurance because its not my fault. As this was an unsecured gate can I force the county/state/park manager to fix my car? This is a brand new car, only had it for two months. I want it looking nice again.
Asked on June 2, 2013 under Accident Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You can file a property damage claim with the State. The State is usually self-insured. The rangers at the state park should be able to provide you with the insurance information and how to file your property damage claim. Your claim would include the cost of repairs to your car and a rental car if you need a rental car while your car is being repaired. If you need a rental car, the State's insurance carrier usually has a maximum rate per day, and you will need to rent a car with a reasonable rate. This accident does NOT go on your insurance because you were NOT at fault in the accident.
Insurance companies won't pay for the additional insurance the rental car agency will try to sell you. Your credit card may provide that insurance on a rental car and therefore purchasing additional insurance is unnecessary. The State's insurance carrier will reimburse you for the cost of the rental car.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.