Legal Question in Civil Litigation in Illinois
Valet Garage Car Damage
My apartment building has a valet garage in which I park at a monthly rate. The car is a vintage redone VW Karmann Ghia with a color-changing paint. My mechanic recently picked up the car and transported it to his garage on a trailer and there noticed damage done to my car. The damage was a severe dent to the front of the car, which my mechanic estimates would be up to $5000 to repair (mainly due to the paint). Being the car had been in the garage inoperable for the prior 3 weeks since he and I had left it there, the damage could not have happened elsewhere, but because I filled out the damage report after the car had left the garage (as I was not present when the mechanic removed the car), the garage's corporate claim department denies responsibilty. The contract between myself and the garage does not state that I would release them from liability should something like this happen, simply a policy that they won't pay for it because the car had left the garage before I wrote filled out a damage claim. Besides my mechanic, a friend who was with him from the time the car was loaded onto the trailer to when the damage was noticed can attest the damage could only have happened in the garage. What is my most appropriate recourse?
2 Answers from Attorneys
Re: Valet Garage Car Damage
You will simply have to prove that it happened at the garage and not thereafter. That will be up to a jury. You must sue to get to this point.
Re: Valet Garage Car Damage
You have a claim against the garage for its damage while they had the car. The issue is proof. You have apparently stated that you have witnesses to attest that the damage occurred while in the custody and control of the garage.
Ultimately, a fact-finder -- whether a judge (in a bench trial) or a jury -- will have to make a finding of fact as to where the damage occurred and under whose control during that time.
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