Legal Question in Personal Injury in Virginia

Unable to collect $ for damage to my van from parking deck company

After paying $6 to enter a parking deck, my tall conversion van was badly damaged ($1,100) by the low concrete ceiling. The ticket person didn't stop me from entering or advise me of possible danger to my van. They admitted vault & claim they are willing to pay. I have called their insurance agent and he did not respond. They are no longer responding to my calls. I would like to take them to small claims court but do not know how to do this. Should I get my own lawyer? Won't his cost exceed the suit? Can I reclaim my legal expenses? How do I sue an organization and not an individual? Who do I name in the suit?


Asked on 3/27/03, 9:33 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Unable to collect $ for damage to my van from parking deck company

For $1100, I doubt a lawyer would be worth the cost. You can sue in small claims court - you name the corporate entity that is responsible, and you serve their registered agent (the name of whom you can obtain from the Va. State Corporation Commission). If you win, you can recover your court costs (filing fee) and the cost of service by the Sheriff, but not your legal fees. Note, however, that the parking contract probably excludes recovery for such damages, and that in any event you would likely be found contributorily negligent for failing to verify the ceiling height when driving a "tall" conversion van. Contributory negligence would bar your claim entirely.

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Answered on 3/27/03, 9:48 am


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