Your Condo's Owner's Association May Be Liable for Your Stolen Car
Sept. 7, 2015
Having your car stolen is a traumatic experience on its own, and no one should have to lose their car to a thief. The homeowner’s association of your condo is charged with keeping the area safe, and you may have grounds for a claim against the HOA. This article explores the claim you may make against the homeowner’s association when your car is stolen, and you must consult an attorney on the case as soon as possible.
#1: What Security Measures Were Taken
Cars that are unlocked or left with windows open are note necessarily safe, and you cannot hold the condo HOA liable for something you did to yourself. Cars that are left locked with the windows may be eligible for a “negligent security” claim. Negligent security implies the condo complex is not kept safe by the HOA, and you must work to prove your case.
#2: What Evidence Is Necessary?
The evidence needed to make a case against your HOA is substantial. You must show when the car was stolen, how it was stolen and that your HOA promised to keep the area safe. Your lawyer will ask for information that pertains to the security in the area, and all evidence must be collected before a claim can be filed. Attorneys are bound by ethical rules to forgo cases that have no evidence, but your lawyer can search for evidence to help your case.
#3: Reaching A Settlement
You may be able to reach a settlement with the HOA in your complex, and the settlement may include changes to security procedures in your building. A settlement will likely include monetary remuneration for your car, and your lawyer will lead the settlement negotiations on your behalf. Your are not required to attend any meetings, but your lawyer will run any deal through you first.
#4: Going To Trial
A lawsuit against your HOA may go to trial, but you must be aware that no attorney can guarantee results. You must present a flurry of evidence that shows your HOA was negligent, and the jury or judge must find in your favor. You may be asked to pay legal fees, and your attorney will advise you on the strength of your case. You cannot go forward without the assistance of your attorney. Compensation for your stolen car is necessary after the vehicle is stolen, and you may have recourse when you speak to your attorney. To speak directly with an attorney call us or fill out our contact form for a Free Consultation today. We offer a trusted reputation and solid record of results.