Apartment Property Manager Hit My Parked Motorcycle With Her Car And Had The Tow Company That Partners With My Apartment Complex Tow My Motorcycle For Being “inoperable.”
Location: Texas, USA
I rent an apartment owned by a rental company. One of their community managers hit my parked motorcycle with her car and knocked it over, causing significant damage when she was on her lunch break. The impact happened on the complex property. She let me know she tried to pick it up and dropped it again because it was too heavy. When she dropped it, she admitted to me the force of the fall snapped off the handlebar and severely bent the swingarm. The bike, as a result, will not turn on, nor is it able to be moved due to the structural integrity. We swapped insurances, when I made a claim on her policy I found out it is under investigation because her policy has been recently reinstated.
Her insurance (Gainsco) said before they would outright deny the claim, they would check with their underwriters to re-verify the time of reinstatement. I was told it is a 2-3 day process. As a result, the bike has not moved from my complex parking spot. It is still legally parked within the parking spot. The main community director at my complex let me know the bike needs to be towed off the complex at some point because it is not in operable condition. She is aware that her coworker hit my bike and there is an active insurance claim going on. I let her know it was in the process of being towed, but I was waiting on hearing back from insurance before I made any decisions with going through my own policy to file a claim.
The next day, I am at work, and I get a notification letting me know my bike is moving locations. 45 minutes later, it is sitting at a tow lot. I call my leasing office, asking if my bike had been towed by them, and they confirmed it had because it was inoperable and “to ensure the residents have parking spots to park their working vehicles.” The tow company that was used by the apartment complex dropped and damaged my motorcycle, furthering the damage that was already caused at the time of loss.
Her insurance is now refusing to cover any damages of the motorcycle after hearing it was towed and further damaged, even if she ends up having insurance. The apartment complex is refusing to cover any damages because they are claiming they are not liable. The tow company is blaming the apartment complex and not covering any damages. I do have uninsured motorist on my policy, but I am unsure if hiring an attorney as well would be another good option because there are multiple parties involved.
What are my legal options here?
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