E90Post
 


TNT Racewerks
 
BMW 3-Series (E90 E92) Forum > BMW E90/E92/E93 3-series General Forums > Regional Forums > USA - NY / NJ / CT / PA > Car damaged by a dumpster-- Need advice



Reply
 
Thread Tools Search this Thread
      12-19-2012, 10:34 AM   #1
mdrivera
Lieutenant
United_States
7
Rep
450
Posts

 
Drives: e90 Deep Green Metallic
Join Date: Oct 2009
Location: NYC

iTrader: (5)

Car damaged by a dumpster-- Need advice

I was in Center City Philadelphia last night and had my car parked on the street. I came back after dinner and there was a dumpster on wheels rammed into the right rear door of my car. The crease on the side of the rear door stopped it from messing up the car too much but there is still damage-- the window and trim had scratches/chips, and the right rear door needs to be replaced.

Now my problem and where I am looking for advice: I called to get a police report and of course the police can't really do anything, although I think this is a huge liability issue (if my car wasn't there, the dumpster would have rolled into the middle of the street). There was only the dumpster company's name on the side--called them and they said that maintenance is the responsibility of the end user and they do not know who that is so I should just call my own insurance company. I have insurance but a high deductible and I don't want my premiums to go up since they are already astronomical. If this was my fault then I would have no problem owning up and paying for the damage but this was a dumpster that ROLLED down the sidewalk and into my car.

What can I do in this situation? Any advice would be appreciated!
Appreciate 0
      12-19-2012, 10:51 AM   #2
StevenY.
///M
StevenY.'s Avatar
United_States
24
Rep
1,742
Posts

 
Drives: 10' SG e92 335i
Join Date: Aug 2012
Location: NYC

iTrader: (1)

Damn, sucks that this happened to you. I don't know how it works but it doesn't make sense to me that the company won't take responsibility, it is their truck that rolled into your car after all. Why does it matter who was the driver? If that dumpster is from that company then I assume they'd be responsible, it couldn't be your fault when it's THEIR dumpster that hit your car... Hopefully someone can chime in and help you out.
__________________
Appreciate 0
      12-19-2012, 11:07 AM   #3
exclusivo
Lieutenant Colonel
exclusivo's Avatar
22
Rep
1,691
Posts

 
Drives: race car
Join Date: Sep 2005
Location: queens, ny

iTrader: (11)

sucks but you have to pay the deductible and get it covered under comprehension. Same thing happened to me with a steel nyc garbage can. When I took it to the shop, they suggested suing the owner for the damages but since it was a city garbage can, there was no shot.
__________________
Appreciate 0
      12-19-2012, 11:12 AM   #4
eric@h
eric@h's Avatar
United_States
15
Rep
874
Posts

 
Drives: 01 M Coupe, 08 135i, '12 328i
Join Date: Jul 2007
Location: Philadelphia

iTrader: (0)

Bummer. Did you get images of the dumpster on your car, and did you end up getting a police report?
Appreciate 0
      12-19-2012, 11:17 AM   #5
dryan81
Sh!t happens, cough it up.
dryan81's Avatar
United_States
1
Rep
106
Posts

 
Drives: daily
Join Date: Jul 2011
Location: CNJ

iTrader: (1)

Garage List
2006 330i  [0.00]
A police report and a call to your insurance company are the logical steps to take.
__________________
Appreciate 0
      12-19-2012, 02:04 PM   #6
TommyG@ColemanAutobody
First Lieutenant
TommyG@ColemanAutobody's Avatar
7
Rep
350
Posts

 
Drives: 2011 335i sedan 6MT
Join Date: Apr 2010
Location: Coleman Autobody

iTrader: (0)

Well,
"How" high is your deductible? Everyone thinks it is high until the actually get an estimate to repair and compare it to paying for the damages 100%

Can you go back by there today and see where the dumpster is? I would assume then you know who the "end user" would be and you can discuss it with them

Send me or post a picture and I can give you an estimate on repair costs, then you can make an informed decision
Appreciate 0
      12-19-2012, 02:15 PM   #7
dd243372
Second Lieutenant
dd243372's Avatar
United_States
5
Rep
253
Posts

 
Drives: Jet Black E90 328i LCI
Join Date: Feb 2012
Location: Bronx, NY

iTrader: (0)

It's not like your deductible is $2500 high...is it? And depending on the shop you go to...they'll give a break/discount on it.
__________________
______________________________
Appreciate 0
      12-19-2012, 03:09 PM   #8
mdrivera
Lieutenant
United_States
7
Rep
450
Posts

 
Drives: e90 Deep Green Metallic
Join Date: Oct 2009
Location: NYC

iTrader: (5)

Thanks for all the replies... answering all questions below--

I didn't get a picture of the dumpster on my car since once I saw it, I immediately went to pull it back to see the damage. Have pictures of the dumpster close by, pictures of my door, and closeups of the dumpster paint where it hit.

I did get a police report and informed the dumpster company (private company not city department) of that-- when I told the guy on the phone, he wanted to try and get the operations manager to talk to me but the operations manager didn't want to get on the phone I guess.

Also, they haven't told me who the "end user" is. I've called and asked twice-- the guy even started saying that he wasn't sure whose dumpster it could be since it was in an alley. I told him that it was actually on the sidewalk on a busy street and funny enough, the picture of the dumpster with the same background of buildings was on their Facebook with a rock against one of the wheels holding it up! He kind of flustered and I could tell he was surprised that it was on their Facebook and said he would look into it.

I just came back from getting and estimate and they quoted a little over $2000-- needs a new door and to blend the paint. My copay is $1000.

Now, I am just waiting to hear back from the dumpster company before deciding if I will go through insurance. For me, its about the principle of the matter at this point. You can't just say you aren't liable and be dismissive when you have pictures on your Facebook with a ROCK holding back a dumpster.
Appreciate 0
      12-19-2012, 04:30 PM   #9
exclusivo
Lieutenant Colonel
exclusivo's Avatar
22
Rep
1,691
Posts

 
Drives: race car
Join Date: Sep 2005
Location: queens, ny

iTrader: (11)

hope you took a screenshot of the fb page lol
__________________
Appreciate 0
      12-19-2012, 04:52 PM   #10
///M3NACE
Banned
///M3NACE's Avatar
60
Rep
3,907
Posts

 
Drives: E36 M3, E36 Vert , E90 N52
Join Date: Oct 2006
Location: Downers Grove, IL

iTrader: (5)

Honestly keep fighting! Thats some BS right there.

A taxi hit my friends rear bumper once while driving in the city and it literally took 6 months for them to pay. They had some ghetto insurance apparently and finally took the bill. He paid for it in cash already due to it was getting flaky the paint.

I hope in the end you win and have to pay no deductible. Any pictures of the damages ?

You might want to lawyer up or have him send them a notice to the company then they will take it seriously. That works almost every time but lawyers can be costly.
Appreciate 0
      12-20-2012, 08:37 AM   #11
TommyG@ColemanAutobody
First Lieutenant
TommyG@ColemanAutobody's Avatar
7
Rep
350
Posts

 
Drives: 2011 335i sedan 6MT
Join Date: Apr 2010
Location: Coleman Autobody

iTrader: (0)

Quote:
Originally Posted by mdrivera View Post
Thanks for all the replies... answering all questions below--

I didn't get a picture of the dumpster on my car since once I saw it, I immediately went to pull it back to see the damage. Have pictures of the dumpster close by, pictures of my door, and closeups of the dumpster paint where it hit.

I did get a police report and informed the dumpster company (private company not city department) of that-- when I told the guy on the phone, he wanted to try and get the operations manager to talk to me but the operations manager didn't want to get on the phone I guess.

Also, they haven't told me who the "end user" is. I've called and asked twice-- the guy even started saying that he wasn't sure whose dumpster it could be since it was in an alley. I told him that it was actually on the sidewalk on a busy street and funny enough, the picture of the dumpster with the same background of buildings was on their Facebook with a rock against one of the wheels holding it up! He kind of flustered and I could tell he was surprised that it was on their Facebook and said he would look into it.

I just came back from getting and estimate and they quoted a little over $2000-- needs a new door and to blend the paint. My copay is $1000.

Now, I am just waiting to hear back from the dumpster company before deciding if I will go through insurance. For me, its about the principle of the matter at this point. You can't just say you aren't liable and be dismissive when you have pictures on your Facebook with a ROCK holding back a dumpster.
They are hoping/planning that you just go away. They know a BMW owner will not drive around like that longer than they can hold out and say "wasn't me"
What insurance company do you have?
Appreciate 0
      12-20-2012, 03:30 PM   #12
mdrivera
Lieutenant
United_States
7
Rep
450
Posts

 
Drives: e90 Deep Green Metallic
Join Date: Oct 2009
Location: NYC

iTrader: (5)

I have Traveler's insurance. I am thinking that I will just have to file a claim through small claims and see where that gets me. I'm trying to take a couple different avenues and filling a BBB report as well. We'll see what happens. Just such a frustrating situation!
Appreciate 0
      12-20-2012, 03:34 PM   #13
Vic311
Banned
United_States
17
Rep
1,469
Posts

 
Drives: 2011 e92 M3
Join Date: Dec 2012
Location: NY

iTrader: (0)

This sucks..but I think you need to eat the deductible and get it fixed under your collision coverage

You could explore suing later on to get made whole..Good luck
Appreciate 0
      12-20-2012, 03:56 PM   #14
mdrivera
Lieutenant
United_States
7
Rep
450
Posts

 
Drives: e90 Deep Green Metallic
Join Date: Oct 2009
Location: NYC

iTrader: (5)

Quote:
Originally Posted by Vic311 View Post
This sucks..but I think you need to eat the deductible and get it fixed under your collision coverage

You could explore suing later on to get made whole..Good luck
This is what may end up happening. It just hurts to think that things like this can happen and people just say they are liable for the situation . As I stated, it is really a principle matter to me as well as a personal situation. If I end up going through insurance, I will work hard to make sure that they go after the company to get my deductible reimbursed and the damages paid for. Insurance companies have a little more push than I do by myself- haha.

Thanks for all the responses people.
Appreciate 0
      12-21-2012, 08:04 AM   #15
TommyG@ColemanAutobody
First Lieutenant
TommyG@ColemanAutobody's Avatar
7
Rep
350
Posts

 
Drives: 2011 335i sedan 6MT
Join Date: Apr 2010
Location: Coleman Autobody

iTrader: (0)

I'm thinking that your wording is the most important.

If you put in a claim stating the wind blew the dumpster into the car, it should be a Comprehensive claim. This may carry a lower deductible (hopefully for you) or someone maliciously pushed it into the car its vandalism and still a comp claim.

The difference on your policy is very minimal to have a low comp deductible b/c most claims are collision.

I have a lot of experience with Travelers and can guide you if you like.
Appreciate 0
      12-21-2012, 04:39 PM   #16
gunsekun
Banned
9
Rep
714
Posts

 
Drives: E92 335i
Join Date: Jun 2010
Location: your mom's

iTrader: (0)

Here is what you can do.

1) Trace back to who the trashcan belongs. (If Business, even better)
2) Send a letter to the owner saying their trashcan caused damage to your car and will pursue lawsuit if they won't pay the deductible. (Usually, all trashcans need to be removed right after the trashcan has been collected, Check the laws for that municipality and mention that in the letter).
3)Put the lawyer's office in the heading(just pick a random one from google)
4) a) they will ignore it or b) they will contact you that will pay u the 500 or 1000 deductible.

Make sure to attach a photo of the damage at the scene.(this will give them pressure that you have a proof)
Appreciate 0
      12-21-2012, 04:40 PM   #17
gunsekun
Banned
9
Rep
714
Posts

 
Drives: E92 335i
Join Date: Jun 2010
Location: your mom's

iTrader: (0)

btw.. i am not a con
Appreciate 0
      12-22-2012, 02:55 AM   #18
Leekay07
Private
1
Rep
98
Posts

 
Drives: 08 335XI Sedan
Join Date: Sep 2012
Location: NY

iTrader: (0)

Pay the deductible claim through the insurance then call the dumpster company inform them to release the info to you. If they don't tell them your filing a claim against them. Go to court pay $15 file a small claim against the details you got from the dumpster company with copies of your damage and repair and the bill with your deductible and a copy of the dumpster company's terms of service saying it is the responsibility of the renter to maintain the dumpster. Claim your deductible as the expense and you should get a hearing at the time of filing. Wait for them in court and you will get your money.
Appreciate 0
      12-22-2012, 11:20 AM   #19
badblkX6
Captain
United_States
10
Rep
726
Posts

 
Drives: 2014 X6 35i
Join Date: Sep 2011
Location: South Jersey

iTrader: (9)

Garage List
2014 BMW X6  [0.00]
So sorry to hear man. Best of luck through the whole situation. Hope your car gets fixed.
Appreciate 0
Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


All times are GMT -5. The time now is 06:43 AM.




e90post
Powered by vBulletin® Version 3.7.0
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST