Legal Advise Contractor Over Spray my vehicle (apartment complex, leasing)

[nash04]

So my apartment complex was repainting all their buildings and had informed us of this so when it came time for them to paint my building they would either place a cone in front of the car so you could move it or they would place a car cover when they would use the spray gun which they did one day when they were spraying.

2 days later I noticed they were already on the other building and they were doing touch up on my building basically by paint brush and noticed there were no cone in front of my vehicle or cover so I assumed there wouldn't be any spraying until I walked out to leave for work that morning and noticed both my personal and work vehicle had over spray so I informed them (the painters) and left for work since I was running late due to so.

Came back from work that evening and noticed somebody had wash my vehicle without my permission and did some damage to my trim panels and paint so I filed a complaint with my leasing management and they stated that they would take care of it.

I waited 2 weeks then went back to my leasing management and asked for an update and they stated the management would get in touch so I waited again and neither the management/contractor has contacted me.

I think that I've been patient enough but enough is enough.

Should I search for a lawyer or give them more time, I did informed the leasing office that I would contact a lawyer if need be.

I already have a detailer scheduled to take care of the over spray but will need to bring the car in for the trim panels. I've paid my insurance deductible but want to be reimburse of it since the insurance is not covering everything at this moment.

Thanks for the help.

[Jkgourmet]

How much is it going to cost to fix the damage in total, ignoring any insurance payment or deductible?

You've got LOTS of pictures, right? And a paper trail of everything that you've submitted to the leasing office? Phone calls are worthless.

[nash04]

At this moment the detailer is between 900-1200 which I've already gave them my deductible, the trim panels alone are 248 not accounting for labor. Do have lots of pictures which were given to my insurance and leasing management. As far as paper trail, it's basically through my insurance and detailer, do have 1 email to my leasing office.

Yeah! I always stop by the office, never called them up.

[Jkgourmet]

Originally Posted by nash04

At this moment the detailer is between 900-1200 which I've already gave them my deductible, the trim panels alone are 248 not accounting for labor. Do have lots of pictures which were given to my insurance and leasing management. As far as paper trail, it's basically through my insurance and detailer, do have 1 email to my leasing office.

Yeah! I always stop by the office, never called them up.

Glad you have photos. If stopping by the office = a verbal conversation, it's nearly as worthless as a phone conversation. Got a witness?

Back to your question re: a lawyer. You won't find one. It's too small a case for them to even review. It's gonna be up to you to file in small claims court.

BUT if you're insurance company is going to pay to have it repaired, I suspect that they are the ones who might chase the leasing/rental company for reimbursement; it's now been subrogated. I wouldn't be surprised if they just don't bother.

I wouldn't have even submitted it to my insurance company.

[zinner]

In the future I would just take pictures, have a detailer of your own choosing fix the car and present the bill to the management company. Taking a passive role and waiting for the mgt company to do something is going to be the most painful way to resolve the problem.


Is the 900-1200 quote to do like clear coat restoration cause it should be a simple clay bar to remove the over spray. Maybe it's for both cars? Anyhow that really should be chump change given the cost of the contract to paint the complex.

[nash04]

Thanks for the info and that's what I thought but my friend insisted that I should try.

Guess, I'll just write a negative review on the apartment complex for how good they treat their tenants.

[twingles]

Are you using your insurance or not? If you are, this is their claim to handle now, not yours. It is THEIR right of recovery if they made payment.

If not, it's time to send a letter to your leasing office with all the written backup you've already gathered.

No lawyer will take this. Lawyers work two ways - charging $250/hour which is not cost effective for you, or on contingency and 1/3 of your settlement isn't worth it to them (or you).

[A.Typical.Girl]

As a Property Mngr, I'd suggest you contact Corporate. If you can find out the name of the Regional Mngr (it might be on the website under Meet our Teams, but often is not). I'd cc them on emails & your Apt Mngr, as well & suggest email since you'll have a paper trail.

A decision won't be made by your Apt Mngr... they don't have the power to do so, even if they're 100% behind you. It's up to Regional to discuss with Corporate, who will be the ultimate decision maker. Just letting you know that so that if there's any delay in hearing back from someone, don't be mad at your Apt Mngr. Sure, it's possible they didn't follow through, but if you speak to him/her again, you might ask for the Regional's email.

As an FYI, I've never been through anything like this, so have no idea if they are allowed via co policy to give out that info for employees. I'd imagine no & you'd need to find it yourself.

I purchase car ins online, so have no direct agent I utilize. If you do, I'd ask them for help. You could also call your insurance co's 800# & ask for suggestions. As you mentioned, the liability probably lies with your complex or the contractor (if for instance, they were told to cover your car or put out the cone & they dropped the ball), but I'd respectfully request updates every 30-days from your Apt Mngr, as to their procedure & progress. Again, they may not know, but you at least want to find out if they escalated your complaint to Regional.

I hope the complex helps you. If it's the contractor's fault, then small claims court would probably be the avenue & in the handful of folks I know who've gone to small claims court & won, none ever got their money. Of course, all depends on the insurance liability the complex carries.

BTW, I recently lived in FL & worked as an Apt Mngr & an employee had all of his tires ruined by a roofing vendor who'd dropped nails all over the parking lot & left them. The same also happened to 4 tenants. It took either 9 or 12-mos before he got a check from Corporate, so don't give up, but remember your Apt Mngr doesn't make the decision & is powerless to do more than ask for updates on your behalf, so remain on their good side. If it were me, monthly status requests to Corporate/Regional Mngr would be the route I'd take, keeping the Apt Mngr cc'd on my email requests.

Good luck.

[City Guy997S]

I would have called the painter direct.........see if he would pay out of pocket and keep everyone happy. You got real complicated by adding others to the issue.

[City Guy997S]

Originally Posted by nash04

Thanks for the info and that's what I thought but my friend insisted that I should try.

Guess, I'll just write a negative review on the apartment complex for how good they treat their tenants.

Negative review...........man that's quick over something that probably can't be handled quick.

BTW what kind of cars are we talking about here and how old?