Can I sue my landlord for damage to my car?

Yes. First, your property damage auto insurance (if you have this comprehensive coverage, which is not required in Florida) is to protect you for your negligence, not theirs. If your insurance company did pay out regarding this damage, it would be seeking subrogation (reimbursement) from the apartment complex. Second, even if you did have such coverage, you would still be obligated for your deductible for which you could sue the apartment complex. Make a demand with appropriate supporting documentation which includes an estimate to repair the damage. If they do not respond, then file a small claim lawsuit, naming the apartment complex, the property management company AND the landscaping company. Make sure that you are parking in the proper designated parking areas. Having other witnesses from the complex would help you as well.

If you can prove your allegations, you should prevail. Get estimates to repair. You may want to talk to neighbors or see if other cars are getting similar damage. Are you parking in an assigned spot? If so, that makes the claim stronger.

Likely you have a negligence claim against the apt complex and/or the mower man. However, it is also likely that it would cost you more and be more difficult to bring a claim against them rather then making a claim against your own insurance company for the damage (assuming you have the right coverage) and let them go after the apt/mower man on a subrogation claim. You would be responsible for the deductible if any, but the ins. company should try and get that back for you if they make a payment.

Your apartment manager is obviously no attorney. File a claim against the carrier for the lawn maintenance person. You should check if this is an employee of your apartment complex or an independent contractor. If you have comprehensive coverage on your vehicle, the damage may well be covered by your carrier. If you have the coverage, file the claim and get that process started. Your carrier will look to subrogate against the negligent worker. Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

Easiest to turn it over to your insurance company to resolve.

You have a claim for negligence against the blower operator and his employer. You may have a claim against the landlord for negligently allowing such a practice. If you can determine who insures either of them you might want to file a claim with that/those company/companies. If you have comprehensive coverage, you might want to file a claim with your own auto insurance company, as it will be much easier for you. You will lose your deductible unless your own company pursues the claim itself, at which time it will be reimbursed to you.

Anyone can file a lawsuit if he/she is willing to pay the filing fee. The issue really pertains to whether or not the filing of the lawsuit makes economic sense. To the extent you can prove that the damage to the car for the first occurrence, where you did not observe anyone blowing rocks and debris into the car, was due to the negligence of the agent of the landlord (maintenance man/lawn maintenance company) you would have a cause of action against both the landlord and agent. Regarding the second incident where you actually observed the maintenance man blowing the stones into your car, you could hold him/them responsible for the damage caused. However, the cost of litigation may exceed the recoverable damage to your car. You might be better served getting a car cover and avoid the expense of litigation.

Talk to your insurance company. This may provide you with the quickest resolution to the matter.