WWYD: Civil neighbor property damage situation
11-05-2009, 01:29 PM
#1
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WWYD: Civil neighbor property damage situation
So.. I see people posting stuff like this on hear and I have always wondered why - but here I am. I don't really have anyone to ask about this at this point...
The situation: I share a driveway pad with my neighbor who is renting the shop that I live above. He has put up a pole/tarp style carport that is not secured and sloppily installed. For the last 3 months, I have asked that he secure it and informed him that when he isn't there, at night, the winds yank the thing all over the place and it's less than 2 feet from my parking spot.
My friend's '02 Bugeye sedan has been sitting in my parking spot for a while now. It has been there because it needs some work done on it, and because of another issue where it was vandalized (keyed on every panel, tires slashed, etc) at my friend's home, so it is here after being repainted, and for it's own safety. Also, my friend was recently married and away on honeymoon.
Well, on October 12th @ 9:50am when we had those storms, this carport flew up in the air and came down on my friend's car. One of it's feet landed on the left edge of the windshield, slid down the windshield post, hit the mirror, went down the door and finally hit the side skirt in a large "arc" on the car. Another foot became tangled on the mirror due to the string (yes, string) the man had tied to the legs of the heavy-duty pole style carport. In the rainstorm, the man's wife came out of their shop to help me pull the carport off the car and get it to stop yanking around in the wind. People from another shop across the street also came to help. The fellow in question came out later and asked me why I had a car parked in this spot if I was so worried about this happening..... I didn't handle that question with tact.
Since then, the man has gone over to the car and rubbed on it with a rag to try to minimize the scratches. I have asked him, since now it was necessary, to please not touch my vehicles or any car parked in my spot.
The body shop came to look at the car, and estimated around $2200 to return the car to it's original shape, but said if he didn't mind the "crease" down the door, he could make the scratches go away with a good polish. He also noted several new scratches (since he painted the car) that were obviously due to the canvas of the carport whipping the car in the wind.
The owner of the vehicle has since returned from his trip, and went over to talk to the shop owner. The man has made it very clear that he has no intention of doing anything about this issue whatsoever. My friend is left with a damaged car. The carport has been put back, though now with only a side panel. The top is not secure, and it has already come apart again, without the top panels even installed!
I contacted the San Carlos Police department, and was told not only are they "not interested" in taking reports on this, but essentially that this man can do whatever he wants up to purposely committing a crime. They informed me that they could send an officer out, however if there is no purposeful crime being committed that I would be charged with a misdemeanor for reporting a crime when there really was none. I wish I had the foresight to record this conversation.
I have contacted the building department about this, as well as the numerous complaints of other issues this man creates in the neighborhood from other neighbors. I have urged them all to contact the building department on their own, and have not forwarded their 3rd party comments to the Building Department.
The man has since put the carport back up, and right now as I type, I look out the window and see the canvas whipping around in the little wind we have. If I were to go out there and yank on one pole, I believe the whole thing would topple down. Of course I have no intention of doing this, but I *think* that it could topple down on my Impreza at any moment, and I KNOW this man has no intention of being responsible based on previous experiences.
So... Have I handled this right? What else should I do? My friend is pursuing small claims court based on the incident, the quote from the body shop and photos of the car and damage. He is also going to ask his insurance for any help.
Since the Police don't care and this man has no intention of righting the situation, I am tempted to simply take down the carport over a weekend, and stack it nicely in the driveway. I am concerned that this will cause me legal issues of my own, which is of course why I am here asking this.
If anyone can offer some advice - that would be cool!
The situation: I share a driveway pad with my neighbor who is renting the shop that I live above. He has put up a pole/tarp style carport that is not secured and sloppily installed. For the last 3 months, I have asked that he secure it and informed him that when he isn't there, at night, the winds yank the thing all over the place and it's less than 2 feet from my parking spot.
My friend's '02 Bugeye sedan has been sitting in my parking spot for a while now. It has been there because it needs some work done on it, and because of another issue where it was vandalized (keyed on every panel, tires slashed, etc) at my friend's home, so it is here after being repainted, and for it's own safety. Also, my friend was recently married and away on honeymoon.
Well, on October 12th @ 9:50am when we had those storms, this carport flew up in the air and came down on my friend's car. One of it's feet landed on the left edge of the windshield, slid down the windshield post, hit the mirror, went down the door and finally hit the side skirt in a large "arc" on the car. Another foot became tangled on the mirror due to the string (yes, string) the man had tied to the legs of the heavy-duty pole style carport. In the rainstorm, the man's wife came out of their shop to help me pull the carport off the car and get it to stop yanking around in the wind. People from another shop across the street also came to help. The fellow in question came out later and asked me why I had a car parked in this spot if I was so worried about this happening..... I didn't handle that question with tact.
Since then, the man has gone over to the car and rubbed on it with a rag to try to minimize the scratches. I have asked him, since now it was necessary, to please not touch my vehicles or any car parked in my spot.
The body shop came to look at the car, and estimated around $2200 to return the car to it's original shape, but said if he didn't mind the "crease" down the door, he could make the scratches go away with a good polish. He also noted several new scratches (since he painted the car) that were obviously due to the canvas of the carport whipping the car in the wind.
The owner of the vehicle has since returned from his trip, and went over to talk to the shop owner. The man has made it very clear that he has no intention of doing anything about this issue whatsoever. My friend is left with a damaged car. The carport has been put back, though now with only a side panel. The top is not secure, and it has already come apart again, without the top panels even installed!
I contacted the San Carlos Police department, and was told not only are they "not interested" in taking reports on this, but essentially that this man can do whatever he wants up to purposely committing a crime. They informed me that they could send an officer out, however if there is no purposeful crime being committed that I would be charged with a misdemeanor for reporting a crime when there really was none. I wish I had the foresight to record this conversation.
I have contacted the building department about this, as well as the numerous complaints of other issues this man creates in the neighborhood from other neighbors. I have urged them all to contact the building department on their own, and have not forwarded their 3rd party comments to the Building Department.
The man has since put the carport back up, and right now as I type, I look out the window and see the canvas whipping around in the little wind we have. If I were to go out there and yank on one pole, I believe the whole thing would topple down. Of course I have no intention of doing this, but I *think* that it could topple down on my Impreza at any moment, and I KNOW this man has no intention of being responsible based on previous experiences.
So... Have I handled this right? What else should I do? My friend is pursuing small claims court based on the incident, the quote from the body shop and photos of the car and damage. He is also going to ask his insurance for any help.
Since the Police don't care and this man has no intention of righting the situation, I am tempted to simply take down the carport over a weekend, and stack it nicely in the driveway. I am concerned that this will cause me legal issues of my own, which is of course why I am here asking this.
If anyone can offer some advice - that would be cool!
11-05-2009, 02:06 PM
#3
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Taking it down is the next logical step, but my concern is that I could be held for tampering with his property even though his property has already caused property damage. If I can find out whether or not I would be ok to do so (it is on private property - maybe this could help) I would take it down this coming weekend. Already have friends who have said they will help.
THANK YOU! It's great being able to bounce this off of a bunch of people who are not directly involved.
11-05-2009, 02:51 PM
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whatever you do, do it graciously and exercise tact. no one wants to deal with a pissed-off hot-head, even if they are 100% correct. not saying you are one, just saying i am one, and learned the hard way 
.
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11-05-2009, 02:57 PM
#5
Take pictures and video when it is blowing around, and when it does (unfortunately) hit your car, make more visual documentation of the damage and take him to court. There isn't much you can do to force him to secure the thing down...If you willfully do something to his property, then you can be in trouble.
11-05-2009, 03:13 PM
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Take pictures and video when it is blowing around, and when it does (unfortunately) hit your car, make more visual documentation of the damage and take him to court. There isn't much you can do to force him to secure the thing down...If you willfully do something to his property, then you can be in trouble.
11-05-2009, 04:34 PM
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1) have your friend file a vandalism case with the police. Make sure its very clear it was the shop owner who caused the dammage.
2) Now, if he has a company and pays taxes, you can file a lean on his shop, and force him to have to pay for the dammage.
2) Now, if he has a company and pays taxes, you can file a lean on his shop, and force him to have to pay for the dammage.
11-05-2009, 04:44 PM
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Sounds to me like a perfect small claims court case.
All you and your friend need to do is demonstrate to a Judge that the neighbor had been contacted about this hazard and was negligent in not securing his property, which in turn led directly to the damage to yours.
Should be a pretty straightforward case...
All you and your friend need to do is demonstrate to a Judge that the neighbor had been contacted about this hazard and was negligent in not securing his property, which in turn led directly to the damage to yours.
Should be a pretty straightforward case...
11-05-2009, 05:00 PM
#10
Sounds to me like a perfect small claims court case.
All you and your friend need to do is demonstrate to a Judge that the neighbor had been contacted about this hazard and was negligent in not securing his property, which in turn led directly to the damage to yours.
Should be a pretty straightforward case...
All you and your friend need to do is demonstrate to a Judge that the neighbor had been contacted about this hazard and was negligent in not securing his property, which in turn led directly to the damage to yours.
Should be a pretty straightforward case...
But, as with any legal advice, you should contact an attorney/lawyer to be sure.
11-05-2009, 09:24 PM
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I agree with those guys. Go a file a report of vandalism. Also check into the county as far as renters rights and the like. The land lords may be responsible for part of the damage. Also if you have renter's insurance that may partially cover the damages.
If all else fails, set bear traps all over your parking area and put up large signs, so if they use your space, epic wins will ensue.
If all else fails, set bear traps all over your parking area and put up large signs, so if they use your space, epic wins will ensue.
11-05-2009, 10:00 PM
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i know police in san carlos. need more info, i might be able to "make some calls". but would be more in terms of reprimanding cathy or mark or whatever job hating person that answered the phone.
however, +1 renters insurance.
EDIT: DOCUMENTATION OF EVERYTHING, very important.
however, +1 renters insurance.
EDIT: DOCUMENTATION OF EVERYTHING, very important.
11-05-2009, 10:09 PM
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If you do take it to small claims court, check to see if San Mateo County Superior Court has a legal resource center. There are usually attorneys and paralegals on staff that are there to guide you through the court process and provide legal assistance (though not advice), free of charge. It's a good alternative if you don't feel like dropping some cash on a lawyer outright.
11-06-2009, 11:21 AM
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This isn't a crime,it's a civil matter,so Small Claims Court is the way to go. The suit should name both the tenant and the landlord as defendants. The car owner should be able to pay a small fee to have both served by a county sheriff (it gets their attention).
12-07-2009, 09:40 AM
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Quick update: Filed with the City and the next day two people from the city were out here, then an hour or so later I saw SCPD out there talking to the guy. The landlord has gotten in contact with me, came by to check the thing out and said it is 100% not okay with him. He also sees the liability to himself and has asked that it be taken down. Yet it still exists. It was blowing around so bad this weekend that there was a metal bar swinging around (at the base of a curtain) so we moved our car out of the driveway so it would not be damaged. Again it walked 18" or so toward our parking area.
Also checked with my renters insurance carrier and they will not do anything about it since it has to do with a car. Didn't make sense to me, but that is what I was told. If a car is damaged that has comprehensive coverage it will be fixed by the auto policy but still the insurance company will do nothing about the guy or the source of the damage.
Oh, he has told the landlord that he "fixed" the damage to the vehicle and that is why there is nothing to talk about in his opinion. I guess he just doesn't see the crease down the door or the big vertical scratch on it...
So there you go. I have full time motion sensor video on the thing, for what it's worth. The owner of the vehicle is proceeding, slowly, with the small claims case. We'll see what happens but it is clear that this fellow is adamant, for whatever reason, about leaving this thing here.
Also checked with my renters insurance carrier and they will not do anything about it since it has to do with a car. Didn't make sense to me, but that is what I was told. If a car is damaged that has comprehensive coverage it will be fixed by the auto policy but still the insurance company will do nothing about the guy or the source of the damage.
Oh, he has told the landlord that he "fixed" the damage to the vehicle and that is why there is nothing to talk about in his opinion. I guess he just doesn't see the crease down the door or the big vertical scratch on it...
So there you go. I have full time motion sensor video on the thing, for what it's worth. The owner of the vehicle is proceeding, slowly, with the small claims case. We'll see what happens but it is clear that this fellow is adamant, for whatever reason, about leaving this thing here.