Auto Insurance Claims: Valet Joy Ride, diminished value claim, valet company

Question
QUESTION: Mercedes Benz 07 CLS 550,$83k. Valet wrecks on a joy ride while my wife and I dine. Valet company admitted guilt on shady  accident report prepared by Valet company. Valet company is paying for rental car, all repairs to car and being responsive. Damages are extreme, initial estimate $20k and have not pulled the doors off yet. What options do I have to recover more than the normal repair cost to the vehicle and diminished value $$? Sue the valet driver (small claims to see him sweat), the valet company and the restaurant? I do not want the car back for obvious reasons. Someone needs to pay over and above an "equal value" due to mere principle. Knowing there is no way to win ...how bad will I loose? The car has been tainted and you can't change that.

ANSWER: ###################### FOLLOW UP ######################
Hi Samuel,
I somehow missed a portion of the last sentence of your question.  It seems that you also wish to collect putative damages for this breech of trust.  You will be able to collect the full cost of repairs plus $10,000 to $12,000 for diminished value.  I can understand why this is not satisfactory to you, but can see no way that you can collect more for breech of trust.  You might wish to discuss this with your personal attorney for his feedback.
Sincerely,
Bennie
12-19-07 2:04 AM PST

Hi Samuel,
You need to file a claim for 'diminished value' against the valet company.
Yes, the car is 'tainted' and that will have an affect on it's trade-in or resale value.
You first need to get an expert in the field of diminished value to write a report and estimate.  Your own Insurance Broker should be able to provide a referral.
I hope this has been of help.
Sincerely
Bennie
San Francisco Bay Area 12-18-07 2 PM PST:

---------- FOLLOW-UP ----------

QUESTION: Thanks Bernie and you are correct concerning any value I may believe is appropriate over and above the diminished value claim.I have spoke with car experts and an attorney. All that can happen is "hope for the best" by providing expert analysis that support the diminished value calculation that I will provide to the valet company. Ultimately, I will own a wrecked vehicle that I can sell or keep. Hopefully, the diminished value $$ settlement will enable me to sell the car (now or later) at a fair price and use the diminished value funds to purchase a new car.
Bottom line is that I will not be in the same position financially or mentally in regards to my vehicle situation once this done.  

Answer
Hi Samuel,
The quality of the repair work should be be sufficient to only leave you with the bad memory of how the car appeared when you first saw it after the accident.
I wish you success in securing putative damages.
Sincerely,
Bennie
12-21-07 1:10 PM PST