Legal Question in Personal Injury in California
"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. "
3 Answers from Attorneys
It seems based on what you have reported that it was the valet who was negligent. I don't know if the valet is an employee of the shopping plaza, or if they are an independant company. But the valet, based on the way you have described the remote key, was negligent. I suspect he was trying to start it, and who ever parked the car left it in first gear. I would think it it worth it to take it to small claims court, based on what you have said. I would take a photo of the remote key, so as to explain it, and be sure and bring it to the court.
You can collect from the valet company for both the damages to your car and the damages to the other parties car. What are the dollar damages to each car? What does your insurance carrier recommend? Are they going to cover the damages to the other parties car? Are they going to go after the valet company for those damages? Are they going to increase your rates or cancel your coverage? Do they claim you are responsible? You should use small claims to recover both cars' damages.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
