Auto accident at apartment complex

[dklag37]

I just wanted to get some input as to what I should do so here goes. This past weekend, my girl friend moved into an apartment complex. I was helping her move the past 4 days. I had borrowed my father's car (with permission of course) since it is a SUV to help move some stuff. Well, last night, while entering through the front gate of the apartment, a metal pole/gate arm that was supposed to be attached to the gate was sticking straight into the entrance. Since it was raining and there is no lighting at the entrance, I was unable to see the pole/gate arm. Unfortunately, the pole punched out the right front headlight and pretty much destroyed the light housing and everything in it. After the accident, we took a bunch of pictures of the gate and the gate pole/arm and the broken headlight of my father's car. While taking pictures, another car almost did the same thing but skidded to a halt before it it the pole. After this, I moved the pole as far right as I could so it would not be able to cause another accident.

As far as I can tell, it seems to be only the front headlight assembly that seem to be busted but did notice a slightly wider separation of the hood and the right fender. Hopefully this won't be too much of an expensive fix.

So, my father let me use his car to help my girl friend move. He is out of the country so I am unable to contact him right now and I don't have his insurance information. I couldn't find it in his glove box. At the same time, I don't want his premium going up since I was driving the car and it is my responsibility to return the car to him the way it was when he let me borrow it. My girlfriend contacted the apartment complex this morning of the accident with pictures of the gate and the gate arm sticking into the drive way. The apartment submitted the pictures to their property claims group.

What are my options and is this something that the apartment complex can take care of without any other insurance (namely my father's) being notified?

[Keith B]

I just wanted to get some input as to what I should do so here goes. This past weekend, my girl friend moved into an apartment complex. I was helping her move the past 4 days. I had borrowed my father's car (with permission of course) since it is a SUV to help move some stuff. Well, last night, while entering through the front gate of the apartment, a metal pole/gate arm that was supposed to be attached to the gate was sticking straight into the entrance. Since it was raining and there is no lighting at the entrance, I was unable to see the pole/gate arm. Unfortunately, the pole punched out the right front headlight and pretty much destroyed the light housing and everything in it. After the accident, we took a bunch of pictures of the gate and the gate pole/arm and the broken headlight of my father's car. While taking pictures, another car almost did the same thing but skidded to a halt before it it the pole. After this, I moved the pole as far right as I could so it would not be able to cause another accident.

As far as I can tell, it seems to be only the front headlight assembly that seem to be busted but did notice a slightly wider separation of the hood and the right fender. Hopefully this won't be too much of an expensive fix.

So, my father let me use his car to help my girl friend move. He is out of the country so I am unable to contact him right now and I don't have his insurance information. I couldn't find it in his glove box. At the same time, I don't want his premium going up since I was driving the car and it is my responsibility to return the car to him the way it was when he let me borrow it. My girlfriend contacted the apartment complex this morning of the accident with pictures of the gate and the gate arm sticking into the drive way. The apartment submitted the pictures to their property claims group.

What are my options and is this something that the apartment complex can take care of without any other insurance (namely my father's) being notified?

You may get lucky and the apartment complex insurance will cover it, but I wouldn't count on it. They usually will try to fight something like that and claim you should be in control of your vehicle and avoid hitting it.

Best bet is to take it to a couple of reputable body shops and get estimates on the damage. That way you will be able to know how much it will cost to fix the damage, and also have them available for the apartment complex insurance if they should choose to accept responsibility.

I would sure let your Dad know what happened though. Getting something fixed like that might slip by, but better to be up-front and let him know than not. Also, you need to ask him where the proof of insurance card is. If you ever get stopped without it will get a ticket.

[dklag37]

Thanks for the reply Keith . I have no intentions of keeping it from my father. I'm just unable to get in contact with him right now because he is out of the country. I just want him to receive the car the way he left it so he is not inconvenienced when he gets back. I will be taking the car to get a couple estimates though.

[Keith B]

By the way, if you end up having to pay the repairs out of your own pocket, make sure you advise the body shop of that when taking it in to get repaired. In other words, get regular estimates until you find out if the insurance will pay; then negotiate with them if you end up paying out of your own pocket. It can easily save you a ton of money!

Also, if it ends up just being a headlight assembly, most of those are easy to change out with a socket wrench and/or screwdriver. You can order the parts off the Internet and be $$$ ahead!

[TxRVer]

If it was me, I'd go ahead and fix it, or have it fixed on my dime and then submit a copy of the invoice to the apartment complex.

[ELB]

Seems to me you as a Texas driver should have insurance, and should probably be contacting YOUR insurance company, who should turn around and contact the apartment complex and their insurers. They are probably better at talking the other guys into paying up than you are. I would guess that should your dad make a claim through his company and they couldn't get the apartment managers to pay for it, they would go to your company to pay for it.

My somewhat but not exactly similar experience may or may not help you:

My nephew borrowed my truck. Another guy ran a stop sign and nephew T-boned him. Smart lad that he is, he got the other driver's insurance info, and called me immediately. I called my insurer (USAA) and had the truck towed to a USAA approved body shop. USAA contacted the other insurance company, then called me back and let me know that the other company would contact me, which they did. The other company used the USAA body shop to estimate the damage. The truck was totaled, the other company paid me, and the truck went to salvage. It did not affect my rates. I don't know if nephew ever contacted his company, but it didn't matter to me at the time. My nephew was bummed because he wanted to buy the truck from me.

Also BTW, some cities, like San Antonio, will impound the vehicle that you are driving if the cops discover you do not have an insurance card. To get it back you have to come up with the card, the impoundment fee, and maybe a fine. Next time you borrow a vehicle make sure you have the owner's or your insurance card with you....

[Keith B]

[quote="ELB"]Seems to me you as a Texas driver should have insurance, and should probably be contacting YOUR insurance company, who should turn around and contact the apartment complex and their insurers. [quote]

Unfortunately insurance usually follows the vehicle, not the driver (unless you have insurance to cover you in rental vehicles or a vehicle that is not insured otherwise, and these are usually special riders on the policy.) However, your or your Dad's insurance company will be able to help you determine the right steps to take if you choose to contact them.

[dklag37]

Seems to me you as a Texas driver should have insurance, and should probably be contacting YOUR insurance company, who should turn around and contact the apartment complex and their insurers. They are probably better at talking the other guys into paying up than you are. I would guess that should your dad make a claim through his company and they couldn't get the apartment managers to pay for it, they would go to your company to pay for it.

My somewhat but not exactly similar experience may or may not help you:

My nephew borrowed my truck. Another guy ran a stop sign and nephew T-boned him. Smart lad that he is, he got the other driver's insurance info, and called me immediately. I called my insurer (USAA) and had the truck towed to a USAA approved body shop. USAA contacted the other insurance company, then called me back and let me know that the other company would contact me, which they did. The other company used the USAA body shop to estimate the damage. The truck was totaled, the other company paid me, and the truck went to salvage. It did not affect my rates. I don't know if nephew ever contacted his company, but it didn't matter to me at the time. My nephew was bummed because he wanted to buy the truck from me.

Also BTW, some cities, like San Antonio, will impound the vehicle that you are driving if the cops discover you do not have an insurance card. To get it back you have to come up with the card, the impoundment fee, and maybe a fine. Next time you borrow a vehicle make sure you have the owner's or your insurance card with you....

I do have insurance and the accident happened at the apartment complex at around 8:00pm. The front office was closed. As far as I know, even though I would like to take care of it with MY insurance, because my vehicle wasn't in the accident, my insurance cannot cover it. The only insurance that can cover my father's vehicle is my father's insurance. If my insurance company can take care of it, then I'm all for it. I always carry my insurance card with me. It was my fault for not asking my dad for his insurance card before he left but I wasn't thinking about it when I was dropping him off at the airport.