Auto Insurance Claims: Valet Damaging my Car, New Orleans auto theft claim denial, herb miller

Question
Hello,
I left my car at the Valet of a hotel in LA for Memorial Day weekend.  After two days, I get my car back and soon after driving away, I park my car about one block away to have breakfast where I notice a huge dent on the back of the car.  I then drive back to the hotel, again about one block away, and inform them of the problem.  I contact the corporate office who in turn denies my claim because I drove the car out of the valet.
I explained to her that I have valet my car several times and it is not ordinary for a person to do a full inspection around the car immediately after getting it back.  A reasonable person would take the car back and leave, the dent was in the rear of the car and the car was facing me when I got it back so I did not see it.  
I am currently in law school and have already spoke with somebody about potentially going to small claims court but would like any further or more help/opinions on this case and if you have any prior experience dealing with this.

Thank you

Answer
Hello,

Actually, I have over 20 years dealing with insurance claims and I can answer this. You may not like the answer, but this is how it plays out. When you say a "reasonable" person would not inspect the car, this argument does not hold water. The car was in the care and custody of another and it is your responsibility to go around the car if you want to hold the valet responsible.
I will cite rental cars. One is required to check the car before and after for dents and scratches so you are not charged for them.
The argument the valet can give is that you have no proof as to where that dent happened. Yes, it could have been with the valet, or it could have happened where you parked the car for breakfast. No one can prove one way or the other and that is the dilemma you have.
I cannot see any way you could even win this in small claims court unless you had a video of the parking lot showing the valet damaging the car.

Unfortunately, I am afraid you will have to chalk this up as a learning experience. It sucks and it isn't fair. You are going through law school and you will learn about proof. If you cannot prove it happened while at the valet and it does not matter what you believe. It is what you can prove.

Good Luck!!

http://www.autotheftexpert.com