Legal Question in Business Law in Massachusetts

valet parking claim

I manage a small valet parking business. We had a customer park with us. She left the restaurant premises, called two hours later and claimed that we damaged her car. We took down her information, asked her to fax us a repair bill (as she wanted the car fixed asap) and told her our claims department would examine the claim and as to whether to accept responsibility, etc. She sends us the claim, it is $797.00 (well under our $2500 deductible.) I have two of our valet managers (at different times to get two different opinions as they both have claims management experience having worked for insurance carriers)look over the claim, check out the area where she states we damaged the car. We found no evidence to support the claim. We denied the claim as she made the claim after leaving the restaurant. She now calls the restaurant owner demanding payment and threatening to tell everyone not to dine at the restaurant and soil the reputation of our valet business. I do not want to settle this claim. I don't want to open doors or set policy that would expose us to settle claims for what we clearly are not responsible for. Our claim check also states such, all claim be made before leaving premises. What do you suggest?


Asked on 2/08/09, 1:56 pm

2 Answers from Attorneys

JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: valet parking claim

Sounds like more of a business decision than a legal issue.;) I would follow your business policy.;)

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Answered on 2/08/09, 3:15 pm

Re: valet parking claim

Legally, you have a defense but this is a business decision. I would suggest that if the case is settled, you use an attorney so the settlement is kept confidential and she refuses to adversely comment on your company or the restaurant.

Good Luck

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Answered on 2/08/09, 5:05 pm


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