Auto Insurance Claims: valet remote started my car who is at fault?, valet

Question
I had my car parked with the valet one night in a shopping plaza. When it was time for me to go home, I went to the valet and handed him my ticket to him. He then proceeded to take the keys out of a cabinet and walk toward my car. To my amazement, instead of unlocking my car, he remote started it and since the valet had parked my car in first gear(on a flat surface), my car launched forward a few feet and struck another parked vehicle in the passenger door. I then ran to the valet and asked him for my car alarm so that I can turn off the remote start. The valet wanted to call the police for a police report and I agreed. But then the valet manager changed his mind and just took some pictures. I left the shopping plaza and called the owner a couple days later. The owner said since I didn't warn them about the remote start feature that I was at fault. I told the owner that the remote start button is hidden and you really have to find the button to remote start my car. And the unlock and lock button on my remote are clearly vivid as they can be. Since I only have liability insurance, my insurance company suggested that I take them to small claims. My question is, is it worth the time and effort to take them to court. My girlfriend and I saw the whole thing happen right infront of our eyes. I did not take any pictures of the accident but the valet manager did. Thanks for your time.  

Answer
Well Leo,

  I think you have a great case for a suit.  This is clearly the fault of the valet.  It is called "bailee for hire".  They have a great duty to avoid damaging your vehicle and were in complete control of the vehicle when the loss occurred.  I would be very surprised if any judge or jury would see if differently.

  As far as whether it is worth it or not, I am the wrong person to ask.  I believe it is our civic duty to fight even if the economics don't make sense.  Because of economics, many companies and individuals become unethical on small losses.  If everyone fought, no matter the cost, then maybe we would see better ethics.

I hope this helps!

JP