QuestionI recently used a valet service in Los Angeles, CA that resulted in damage to my vehicle.
When I returned to my vehicle I noticed the car was backed into the space so that the rear wheels were against a concrete divider, the bumper directly over said divider. I approached the valet, paid him and even tipped him, he gave me my keys and pointed towards my car, indicating it was up to me to get the car.
I entered my vehicle with my brother and girlfriend who were with me. It seems the weight of us 3 caused the suspension to compress just enough to put pressure on the pumper from the concrete divider. As I pulled away the bumper was partially ripped off.
I got out immediately, confronted the valet driver who didn't speak English as his first language and was told he was out of damage claims forms. I was able to get his manager number who told me to call the valet company's claims department.
After mailing in a claim with photos and an estimate for the damage ($1048), I received a phone call today telling me my claim was denied. The claims manager told me that because the damage was done while the car was in my custody the claim was invalid. Had it happened while the valet was driving, it would have been another story. I will skip the attitude and rudeness the man gave me over the phone....
He ended the conversation by saying there was nothing he would do for me, and take him to small claims court where I would "surely lose the case."
I feel this to be the fault of the valet company and not my own. Had I never parked with them the damage never would have happened. I also point out that any sort of luxury/sports car with a low suspension would have certainly received much more damage with the same parking job.
My question is if this is worth the hassle of small claims court, or if I should just bite the bullet and live with the damage. Would I likely be turned down in court or do I have a strong enough case?
AnswerHi Julian,
I went both ways on liability on this one, and THAT is never a good sign. At first I thought that for sure you should go to small claims court. But when I took a second look, I had second thoughts.
First, let's get the case before the judge -- in our minds -- and see what she might think. Did you know that it is NOT a matter of which of you caused the damage? An accident can have many causes, including the negligence of the parties involved.
It usually works like this (at least in all but some "red" states, wherein the conservative politicians that get elected are in bed with the insurance interests): liability could be assigned to the defendant and to the plaintiff.
Maybe the judge would favor you and find that the valet service was 60% at fault. BUT she then would likely say that you were also somewhat at fault. Maybe 40%. Hence, she would take the damages and apply those percentages to the damage amount. So you would win---but the $1,048 would be reduced by the percentage of your negligence (40%), leaving you a recovery of $628.80.
How did the valet breach his duty of care? Did he know what the weight of your passengers was? Can we hold him responsible to know the condition of trhe shock absorbers in your car such that they did not hold up the weight of the just three people? If you could see that the vehicle had been backed in against something by the wheels, are you not the one responsible to find and fix that error? And so it goes, with arguments on both sides.
So, Julian,
I am back where we began--what to do is not easy, but IF YOU WERE TO TAKE PHOTOS of this backdrop behind the place where your tires came to rest, I will be willing to bet that you should be awared a partial recovery judgment.
I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
