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  1. #1
    Join Date
    Nov 2018
    Posts
    3

    Default Billed for Replacement Costs After a HOA Gate Arm Struck My Car

    My question involves an injury that occurred in the state of: Fl
    Thanks for taking a look at my problem, I've seen other issues with residential gate arm striking cars but mine is different in the sense that it did strike my car but I'm being charged with the cost of the arm. The HOA is stating that after it struck my car it broke and they are showing me video of me at the gate and the arm hitting my car. Once it hit my car I backed up and went the other way and did not see the gate arm in a broken condition. I'm refusing to pay because I'd like to see a video or picture of the gate arm broken after it came in contact with my car. They do not want to supply me with this video and are attempting to charge me $400 for the gate arm that was supposedly broken, not broken. They have threatened numerous times to send this to the police. Does anyone know of any way I can get a video from the h o a without them giving it to me?

  2. #2
    Join Date
    Sep 2010
    Posts
    18,431

    Default Re: HOA Gate Arm Struck My Car

    The police are not likely to be much interested.
    They could sue you. Once you're sued you can demand the information you're asking for.

    However, what makes you think that you didn't do $400 worth of damage to the gate?

  3. #3
    Join Date
    Oct 2006
    Posts
    14,667

    Default Re: HOA Gate Arm Struck My Car

    Quote Quoting flyingron
    View Post
    The police are not likely to be much interested.
    They could sue you. Once you're sued you can demand the information you're asking for.

    However, what makes you think that you didn't do $400 worth of damage to the gate?
    That shouldn't happen right? Those things are designed not to come down on cars so what malfunctioned? What about damage to his car?

  4. #4
    Join Date
    Jan 2011
    Posts
    201

    Default Re: HOA Gate Arm Struck My Car

    Quote Quoting llworking
    View Post
    That shouldn't happen right? Those things are designed not to come down on cars so what malfunctioned? What about damage to his car?
    It shouldn't but it does. It happened to a coworker and the gate is a fairly new install, less than four years old. The arm didn't come down at its normal rate; it was obvious from the video that the mechanism holding it up failed because it dropped like a rock onto his roof.

    OP did the gate arm come down at its normal rate or did it drop like it was unsupported? Did it come down on your car?

  5. #5
    Join Date
    Nov 2013
    Posts
    5,857

    Default Re: HOA Gate Arm Struck My Car

    Why did it strike your car? Did you fail to go through the gate in time?

  6. #6
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,236

    Default Re: HOA Gate Arm Struck My Car

    These arms are not generally, controlled by timers, the are controlled by interlocking circuits and inductive proximity sensors that detect the presence of ferrous metals. Depending on the current settings of the relays AND the metallurgical makeup of the cars frame, body and wheels it's possible that the car could only only be detected in certain locations. This would be a commissioning issue. If the relay that is operated by the loop in the pavement before and after is suffering some sort of malfunction than this could also be a possible outcome.

    How old is this gate? Has it worked for your car before?

    IT's possible that the gate arm was fine until you backed up, they can usually withstand the vertical impact, it's the act of backing up that may have caused damage to the mechanism, not just the arm and that could certainly cause $400 dollars worth of damage.

    Was there damage to your car? IF so, I'd want to file a claim agains their insurance, but they'd likely say that you use the lot at your own risk and that you shouldn't have backed up (which is true).
    "Where do those stairs go?"
    "They go up!"

  7. #7
    Join Date
    Nov 2018
    Posts
    3

    Default Re: HOA Gate Arm Struck My Car

    Thanks for responding. After the arm came down on my vehicle,, I backed up so I had a irds eye view and it didnt appear to be any damage. Granted I am not a gate installer. But there wasnt anyobvious damage.

    Well it actually struck the vent just below my windshield, The impact was very loud but somehow no damage on my vehicle. The arm came down very quickly and I thought those arms had sensors? Had I been on a motorcycle I would've be severely injured.

    Okay here's where it gets tricky and I am in the wrong. I was trying to check on a friends mother who has Alzheimers. Last time I was there there wasn't a gate so I called her daughter and she said I cant have Mother dial you in as she is not able but that gate is very slow, it takes forever". I replied "are you sure"? She reassured me and I followed a van in and the arm came down immediately and here I am.

    Wow, you are very knowledgeable about these gates. Its a brand new gate and no I have never gone threw before. hen the arm struck my car it rebounded up, so when I backed up I didn't drag it back w me. My car did not sustain any damage. I am curious about the sensors, if I had been on a motorcycle I would be seriously injured.

  8. #8
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,236

    Default Re: HOA Gate Arm Struck My Car

    So, you followed in a vehicle. The sensors are able to distinguish those gaps and the arm itself doesn't have a sensor, they're all in the ground.

    What would've happened to someone on a motorcycle is immaterial, you weren't.

    I'd say you don't have anywhere to go with this other than to pay. You can ignore the demands and see what happens but I'd say you're responsible for the damage to the gate.
    "Where do those stairs go?"
    "They go up!"

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