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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118132
Experience:  Attorney experienced in commercial litigation.
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I have a similar question regarding a U haul collision. No

Customer Question

I have a similar question regarding a U haul collision. No "Maximum Height" signage was posted at the entrance where the accident occurred. There was a maximum height posted at the East entrance on the other side of the parking structure. I have taken pictures of the unmarked entrance. The apartment complex is preparing an estimate for damages. Any recommendations who I should speak to regarding a payment that only reflects 10-20 percent negligence. As I understand it this claim is being handled by their corporate office. Thank you for your time.
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The ultimate liability for an accident of this type is on the driver, since the driver is supposed to be aware of his vehicle's height and is supposed to properly judge that height with structures. However, the fact that the entrance was not marked, when the other entrance was marked, makes the garage owner "contributorily negligent" which reduces the amount they can recover from you for damages. The amoun would be based on a determination of fault, which generally in a case like this will not be more than 50% at fault, because you too should have checked. You can offer them 20% to give yourself negotiation room, but generally 50% is about all the court would find them liable.