Legal Question in Real Estate Law in Georgia
Hotel
My vehicle was stolen from a hotel parking lot. Who is responsible for the lost of my vehicle? I only have liability insurance.
1 Answer from Attorneys
Re: Hotel
Well additional facts may change this answer, but I expect that I have nothing but bad news for you today. It is a rare hotel that will allow its parking spaces to be "bailment" parking spaces. [This rule may vary, if you were parked by Valet, but I assume you were not.] If the parking garage was not a bailment of your car, then the hotel owes you almost no duty at all. It is the same as if you parked your car on the a public road and someone stole it. In that scenario, the public road scenario, you lose you car and you lose because you do not have comprehensive insurance on your car. You can sue the hotel, but in all probablity (absent valet or absent an agreement of bailment by the hotel) you will lose -- and you may owe them attorneys fees for your suit. See, OCGA 9-15-14 and 13-6-11. It may not be much of an answer and it may contain no comfort for you, but it would appear that as far as the Georgia law is to be applied to your fact pattern, no one is legally responsible to pay you for your loss. [Except the thief, of course, if you catch him and if his is not insolvent or bankrupt. You can always sue the thief.] HCW