Legal Question in Civil Litigation in Tennessee
Valet wrecks new $45,000 car. What do I do?
While vacationing in Tennessee a hotel parking valet caused extensive damage to my 8 passenger Ford Excursion ($2500-$4000 est). In my home state of Texas I would be able to have the car repaired at the licensed shop of my choice (no estimates) and the valet Co. would be responsible for the cost of a comparable rental replacement (8 passenger SUV = $118 / day). However, the valet Co. in TN wants me to submit 3 estimates and states they will only pay $20 / day car rental. Is this the extent of their liability in TN and am I required to provide 3 estimates.
1 Answer from Attorneys
Re: Valet wrecks new $45,000 car. What do I do?
It is customary to submit 3 estimates for damage such as you describe, but not required by law. You are entitled to the reasonable value of the damages done to your vehicle, meaning the reasonable cost of repairs to restore the vehicle to its prior condition.
You are entitled to reasonable compensation for "loss of use" which means the value of the vehicle while you drive it, or the cost to rent a comparable vehicle while yours is being repaired.
The problem is a practical one. Do you go along with them or do you return to TN and sue for the full amount of damages. A dilemma which is usually resolved by going along with their insurance company to get the matter settled.
You may wish to consider submitting the entire claim to your own carrier, pay your deductible, and let them pursue the TN company. They will recover your deductible for you in time, or a portion of it, if you can afford to wait.
Speak with your agent in TX before taking any further action.
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