In any liability claim... it comes down to a simply question... "If you hadn't done X... would the accident have happened?" If the answer is "No." then you are 100% liable for damages.
Yes... gates should have sensors to prevent closing on children and vehicles. However... that doesn't mean you can lay your child down under the gate, press the button again and again, and then sue them.
Had you simply drive out, turned around, and driven back in... (as you are supposed to)... this wouldn't have happened. Instead, your actions caused it. The lack or failure of a safety system does not mean you can cause the danger and then hold them liable for limiting its damage. If you light the building on fire... and the smoke alarms or sprinklers don't work... they doesn't mean you aren't liable for damages.
If not for your actions, the damage would never have occurred. Your fault.
Yeah, it's 100% your fault. It's not the responsibility of the building management to put systems into place to prevent idiots who fail to obey the operating rules from suffering damage due to their own idiocy.
You should have gone out through the door, and come back in. Anyone who uses such facilities knows that you cannot spend longer periods of time in the doorway. It's your duty to move THROUGH the door and NOT to block it in any way. You failed your duty. You will pay as a result.
It's going to be your fault but you should talk to your car insurance company. Depending on you coverage you should only have to pay a deductible for them to cover your car and the garage door. Your rates will go up but not forever if your don't get in another accident.
Hello
Your fault you were operating the remote
Andy C
You are for misusing the operating system. If you want to go back drive out turn around and go back in.
The operator of the car and the garage door. You.
I rent a townhouse in a complex and pay for an underground parking spot in Ontario, Canada.
I was leaving to go somewhere and just got out of the garage when I realized I forgot something at home.
I put the car in reverse and knew that the door would close at any moment. So I pressed the button as I approached the door and the door had just started closing. The door went up and I continued going backwards. As I was going under the door it closed on the back half of my 2005 CRV-EXL. It happened so fast that I was moving as it happened when I cleared the door.
My car has been damaged. However, because the roof has plastic trim pieces (where a roof rack would go if I had one), apart from some scuffs and missing pieces the roof was spared. On the other hand my taillights have holes in them and need to be replaced. The most damage was given to my trunk door.
The washer nozzle above the rear window is gone and there are some dents and scratches here.
I know I can replace the plastic trim and taillights off a junk car or ebay but the top of the cargo door is going to need some body work.
This happened on a Saturday night. I called my landlords emergency number and they didn't pick up so I left a message. Same thing on Sunday. I went in to the office today and they told me a witness had called in and said it was me. They haven't checked the footage yet but will call me once they do.
