in november the condo that i "RENT" from put on a new roof. About 2 weeks later we got some high winds and a ton of the shingles blew off and some hit my brand new car and left some real big scrapes. I call my landlord and tell him he tells me to call the roofer and work it out. So i do and he screws around for 2 months saying he is working on it so on and so forth. Now in february more shingles blow off and scrape my car even worse, keep in mind this is while im parked in the parking lot where i live so i believe the landlord should be responsible. I call them again and they say they will look into it. So then the roofer calls me and says he is working on getting it paid for by the shingle manufacturer. Now he is wasting time til last week he said they are going to take the claim and fix my car. He said they would be contacting me if they dont call him last monday which i did. Of course he is not answering the phone. Here is where i need the help who do i have to go after i believe i shouldnt have to deal with this problem at all my landlord should be working on it to get my car fixed. This has gone on long enough and i dont know what i have to do. Should i take someone to small claims court(either my landlord or the roofer im not sure). If anyone knows who is responsible for this problem either landlord or roofer let me know. Also who i need to contact to get this sped up i want my damn car fixed. Sorry about the long post
I'm sure there are people that can answer this with more expertise than I can...but your landlord has insurance on the property, and if part of the house falls off and scrapes up a car next to the house, that should be covered under their policy...that's what my impression of it would be.
Regardless, it's the house that caused the damage to your car, and your landlord owns that - so it's the landlord's responsibility to pay for it, whether by filing a claim with someone or just reimbursing you directly. If the roof was insured through their company, it's still the owner of the house's roof that is warranted and so it is he who is making the claim. I would hardball it with the landlord to have him get it fixed, if he doesn't then check out the small claim's court answers that I'm sure someone will have for you...I've got no experience with them. Best of Luck.
Regardless, it's the house that caused the damage to your car, and your landlord owns that - so it's the landlord's responsibility to pay for it, whether by filing a claim with someone or just reimbursing you directly. If the roof was insured through their company, it's still the owner of the house's roof that is warranted and so it is he who is making the claim. I would hardball it with the landlord to have him get it fixed, if he doesn't then check out the small claim's court answers that I'm sure someone will have for you...I've got no experience with them. Best of Luck.
This is NOT legal advice to be relied upon, but simply info in response to your question.
You have 3 options.
Option #1, make a claim against your landlord's homeowners policy. If he has insurance, they should cover it. If he doesn't want to give you the info, you go to option #2
Option #2, sue your landlord in small claims court. Document via pictures the damages. If necessary, bring a witness or a letter signed by a witness confirming it was the flying shingles that caused the damage. Hearsay evidence (the unverified letter) is admissible in small claims. A live witness is much better. Also have at least one (two is better) estimates from a licensed autobody shop as to the repair costs. Make sure you check with your local court clerk as to the small claims rules. If you are friendly to the clerk, it will pay great dividends as they might walk you through the entire process. Don't worry about making a claim against the "roofer", that is a "red herring." Its not your responsibility to bring him into the action. Its your landlord's.
Option #3, if you have comprehensive auto insurance, you may just want to make a claim for the repair, let them know the full facts of the accident, and demand they "subrogate" against your landlord's property insurance carrier. That, IMO, is your best option. Just ask your adjuster for more info. Make sure you get in writing that it will not be coded as an "at fault" incident, which would increase your premiums signigicantly. The downside here is you will have to front your deductible, at least until your carrier recovers it for you in a subro action.
That's all I am going to say on this subject. Best of luck.
You have 3 options.
Option #1, make a claim against your landlord's homeowners policy. If he has insurance, they should cover it. If he doesn't want to give you the info, you go to option #2
Option #2, sue your landlord in small claims court. Document via pictures the damages. If necessary, bring a witness or a letter signed by a witness confirming it was the flying shingles that caused the damage. Hearsay evidence (the unverified letter) is admissible in small claims. A live witness is much better. Also have at least one (two is better) estimates from a licensed autobody shop as to the repair costs. Make sure you check with your local court clerk as to the small claims rules. If you are friendly to the clerk, it will pay great dividends as they might walk you through the entire process. Don't worry about making a claim against the "roofer", that is a "red herring." Its not your responsibility to bring him into the action. Its your landlord's.
Option #3, if you have comprehensive auto insurance, you may just want to make a claim for the repair, let them know the full facts of the accident, and demand they "subrogate" against your landlord's property insurance carrier. That, IMO, is your best option. Just ask your adjuster for more info. Make sure you get in writing that it will not be coded as an "at fault" incident, which would increase your premiums signigicantly. The downside here is you will have to front your deductible, at least until your carrier recovers it for you in a subro action.
That's all I am going to say on this subject. Best of luck.
It could depend on how hard the wind has been blowing. I'm assuming the new roof was completed. If it was completed, but with faulty construction-the ultimate responsiblity will lie with the roofing co. Shingles are typically meant to withstand 60 mph winds, so if the winds have ever exceeded this mark-the shingles are busted and warranty is shot. If not, I would keep pursuing that company to keep you out of any legal battles. But option number 3 above is very feasible as well. GL
The simple is answer is to sue them all in small claims. Let the judge decide who is responsible. Many people make the mistake of suing the wrong party because of what they thought. Remember, you aren't penalized for suing the wrong parties.
And whatever you do, DO NOT call your insurance company. That can lead to more problems involving your own policy.
And whatever you do, DO NOT call your insurance company. That can lead to more problems involving your own policy.
