Legal Question in Personal Injury in California
who is liable
Upon entering a parking garage, the attendant told me to park ''at the top.'' driving to the top of the structure I found that not only was the entire structure full, but there were cars double parked everywhere. I pulled to the side and started to get out of my car to find help, when a valet attendant started yelling at me. He said I was not supposed to be up there and that I had to remove my vehicle immediately.
The number of vehicles on that level of the lot was increasing despite the lack of space. I offered the attendant money to park/move my car to which he replied that it wasn't his job. He insisted I leave the structure immediately. I made it to the ramp to get out, and there was a car double parked just before. I made it half way down the ramp when the ''valet'' guy started yelling at me that I had hit the car.
ALthough I did not know I hit the car, and there was zero damage to my vehicle. I left a note with my information.
The two questions are: 1.) Somebody told me that everybody is responsible to damage to their own vehicles in a parking garage; is this true? 2.) The vehicle's owner conacted her insurance before contacting me, and they have decided I am at fault. What can I do?
2 Answers from Attorneys
Re: who is liable
I agree with Mr. Atanous.
The person who told you everyone is responsible for damage to their own car while in a public garage is confused. In general, the owner of the garage *isn't* liable for damage someone else causes, but this does not mean the driver has to absorb the loss. Whoever *did* cause it is still liable.
As Mr. Atanous said, you should contact your insurance company immediately.
Re: who is liable
To answer your questions:
1) If you hit someone's car and it is your fault, you are going to be responsible. You did the right thing to leave a note. Whoever told you otherwise is wrong.
2) You should IMMEDIATELY turn this over to your car insurance company if you had one on the date of the accident. They will handle it for you. If you are at fault, your rates may go up and they may drop you. They may find fault on the parking lot attendants, but I don't have enough facts to determine this. Thanks for your questions and good luck.
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