JCPERF

Buy a hyundai and it wont feel as bad.

wananewboat

It always happens to the nice cars. If you were in a sh*t box that day it would have never happened. It happened to me at a toll booth in 1990. I went into the exact change lane with only a $20 and tried to get threw with the car in front of me. The arm came down on the windshield and only left some white paint. The arm split into pieces and I side stepped the clutch to get the hell out of Dodge.

Chris Sunkin

If I shoot you in the chest while i'm wearing a t-shirt that reads "Armed a$$hole- not responsible if I shoot you" am I OK?

Those signs are there to give the brush-off to morons who believe everything they read.

You can put up all the signs you want, it doesn't in any way absolve the responsible party from liability. The end-around that the Ohio Insurance Commission pulled was to eliminate responsibility on the insurer's part for diminution of value- in Ohio, I can't sue you, I have to sue your insurer. I wonder though since you weren't involved with another auto but a piece of real property if it wouldn't change things.

The first thing I would do would be to get an affidavit from a franchised Benz dealer stating that upon trade-in, all customers are required to sign a statement that their vehicle has never sustained damage in any way (most high-end dealers do this as a matter of course) as well as an appraisal trade-in showing a deduction for the damage and loss of value due to the specialized nature of the vehicle.

Time to see the attorney.

Rforsey

LubeJobs42,
I ran a private Rv Park and we had a security gate... Which like you said it is broken at least once a week. the function of the gate was to close after each vehicle problem is it would also try to come down on the boat being towed... they can say they are not liable but the truth is they are ...get an estimate for repairs and the go see the one in charge. higher up then the guy you talked to tell him either they pay for the damages or you will have to take other actions. Our Gate never worked right and when someone did have a problem with it hitting their car or something else. then we would pay for the damages. the only time we wouldn't is if they were not a member and were trying to get in behind another car. good luck and let us know how it works out.

mcollinstn

1) Signs don't mean squat.
2) Whoever owns the gate is responsible for damage it causes if it malfunctions.

A) It doesn't *really* sound like the gate malfunctioned, though. If it was already open, then it'll close before it will open again. Sure, they could have had a safety eye on the controller to keep this from happening. Sure, they could have had a big foam bumper on it. But they didn't HAVE to have either. Since it is ON THE PREMISES of your residence, I would imagine that the homeowners/resident association should be able to have a say in how their security gate is equipped, but that was a matter to be discussed before this.
B) If the gate was functioning as it was intended, then you are sort of the guy at fault.

Insurance shoudl cover it. Might be only a comprehensive claim, not a collision claim. That should make it more tolerable.

* Paint meter will pick up ANY variations in paint thickness.
* Any dealer looking to accept a high dollar trade like that WILL run a paint meter all over that puppy.
* If anybody drops the headliner, make sure they are VERY familiar with the fastening system specific to that particular car, and that they have the proper clips to reinstall it properly. Those dent repair guys, though, are absolutely magicians. Find a very reputable one and let him do the dent work.

sorry it happened to you
and sorry it was that car.

JPD Motorsports

I would a high end detail shop to see if they would buff out and a paintless dent repair shop to see if they be able to pop them out. If so then get the guard shack or who ever is in charge of it and get them to to compesate for damages done, down time of the veihcle. If not then get the guard shack to pay for vehicle value loss due to marks and have a mercedes dealer write it up what it would cost so you would have all the documentation needed.

SLINGSHOT

from what it sound slike you it the button and closed it on yourself.....correct?

LubeJobs42

iTrader: (2)

The button dosen't close the gate or the arm it only opens them. Actually you start pressing the button before you make the turn into the drive so it's open when you get there. The gate is then open 10 seconds before you get to it. If someone goes through in front of you and the gate starts closing behind them, you hit the button and it reopens before it closes completely. If the gate closed by pushing the button (which it doesn't), if a car is going through and someone else pushed the button, it would close on the other car. I know I just have to get it fixed and forget it. I will talk to them and see if they pay. If not, i'll just pay for it and move on. I don't need animosity's where i live. The thing that pissed me off so bad was the $6 an hour security guard giving me a lecture and an attitude.

JPD Motorsports

you could also go get the baseball bat, drive up to the gate with the guard that was there being there and park blocking the drive in so he can see ya walk over towards his with bat in hand and comence a few wacks when he goes ape sht, just tell him not your problem and then leave, more than likely he will stop ya and give you the needed info to get it resolved before you can even get to his car.

wantsa311

... or a murdercycle. Happened to me one night coming out of the parking structure at Wayne State University.