Legal Question in Insurance Law in California

I need some help

Here's the situation, my boyfriend comes down from where he lives to visit me which is about a 3 hour drive and he usually stays at this hotel, there has never been any problem with it, but two weeks ago, we went out for the whole day and went to the room where he was staying at not even an hour later we went out and noticed that his car lights were on, some individual(s) had broken into it which seemed they tried to steal it because nothing was stolen, but they did $1,000 worth of damages to it, they broke one of the windows, a door lock, the thing were the key is inserted to start the car, and the stereo,the hotel has a 24 hr. surveillance, since they do have outdoor cameras, a person is always supposed to be in the front, they didn't bother to call the cops when it happened, we did and made the report but our insurance does not cover any of the damages, and well my question is if the owner of the hotel is in any part liable? since my boyfriend is parked on his property and he did pay for his stay at the hotel and we thought it was properly secured


Asked on 8/14/08, 9:35 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: I need some help

Probably not. The hotel almost certainly didn't guarantee that guests' cars would be secure on its premises. It probably did not promise guests that it would monitor the parking lot at all times, either. That it decided to take some security precautions does not make it liable for the intentional actions of third parties; if it did, there would be a strong disincentive for businesses to take such precautions.

As you note, your boyfriend could have insured against this sort of loss. The hotel is not required to provide for free the same insurance benefits he chose not to pay for.

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Answered on 8/15/08, 3:37 pm
Steven Murray Steven W. Murray, APC

Re: I need some help

The hotel might be responsible if parking was included in its daily rate for guests, or if your boyfriend paid a fee for parking there. Were there any "park at your own risk" signed on the premises or lot warning guests about this? At a minimum, he can make a demand on the hotel, and if that does not work, sue in small claims.

Also, why did his own insurer deny the claim? Did he only have collision and not comprehensive or theft coverage?

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Answered on 8/18/08, 3:42 pm


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