Legal Question in Personal Injury in California
Damaged Car at Hotel
While staying at a hotel my car was smashed by another guest. He sped off and the Hotel management dosn't have any info on the vehical. I was woken up 3 times between the hours of 2 and 5 am by the man at the front desk to speak to the police. I asked for a refund on the room but was denied. When I asked to speak to a manager I was told I couldn't.
Is there any way I can have the hotel pay for the damage to the car or at least get a refund on the room.
1 Answer from Attorneys
Re: Damaged Car at Hotel
Probably not. The responsible party is the person who hit your car. The fact that he can't be identified does not make the hotel responsible. Unless the hotel promised your car would not be damaged (*very* unlikely), you probably don't have much of a case.
You also are not entitled to a refund. The hotel contracted to provide you with a room in exchange for your payment, and it lived up to its end of the bargain. It surely did not promise that other guests wouldn't hit your car, so the accident was not a breach. The repeated interruptions during the night were also not a breach, since the hotel did not promise to interfere in a police investigation for your sake. (Such a provision would be unenforceable even if it were included in your contract.)
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