Auto Insurance Claims: Car damaged by valet - disclaimer enforceable?, valet company, time thanks


Question
Hi Richard-

Let's say you drop your car off with a valet at a restaurant or something, and while it's under their care something happens to it - they are parking another car and hit your car, they hit a curb when parking your car, they do something to cause damage to it.  When you try to get them to cover the damages to the car, they tell you that they aren't paying anything because there is a disclaimer on the valet ticket they gave you saying you waive / release the valet company from any damages that happen to the car under their care.  

Have you seen this happen before?  I've heard that sometimes a court will declare a disclaimer unenforceable, but that means you have to go through the hassle of going to court.  What's the best way to handle these cases, and do you have any tips when using a valet to help deflate this disclaimer ahead-of-time?

Thanks much,
Rich

Answer
Hi Rich,

In many cases those disclaimers are unenforceable. Even when they are enforceable they generally only apply to things like theft, vandalism and other people hitting your vehicle while driving through the parking lot. When the damage is directly caused by the valet's negligence while driving your vehicle, they are liable regardless of what the disclaimer says.

I hope this helps
Richard Hixenbaugh