Valet Parking Service Inc. Problems

[jdelcast]

The state or country I am talking about is: Chicago, IL

On Mar 4, 2005, I valeted my new 2005 Maxima with this company. When I went to get the car, it was around 11PM and raining, I didn't notice anything wrong with the car until the next day when I saw the driver's side mirror was scratched and the rear bumber (driver's side) was also scratched. The very next day, I called the company and told them what happened. I filled out a claim form and they took pictures of the car. A week later, they denied my claim because I did not notice the damage before I took possession of the car. their ticket states:

"You shall inspect the vehicle for damage or loss before regaining posession - failure to do so is an irrevocable waiver of all such claims"

It's only around $300 worth of damage. My question: Is there any legal recourse for somthing like this in Chicago...where if the damage could not be spotted due to weather or lighting contitions...and the damage was small...that I can stil file a claim?

 

[Michael Wechsler]

I'm sorry to hear about the car problem.

You can file a claim. I'm just not sure whether you'll get what you hope for. The problem with having a law such as you describe is that it doesn't track the "proximate cause" of the damage. Now you didn't notice the damage when you left due to the rain and drove home. How does anyone know that it was damaged when it left the garage? Could it have been damaged on the drive home? Could it have been damaged in your driveway? You might not be an unscrupulous person but even you don't know if the damage may have occurred later. Any decision will likely come down to your credability and ability to prove some connection of the damage to the defendant.

I can only imagine now many claims the garage has for damages that were actually caused outside elsewhere and these car owners want someone to pay for their damages. A valet is a convenient place. This is why they should inspect vehicles before they take them (the good ones do.)

If you think it's worth a try, go ahead but your chances of winning, IMHO, are questionable unless you can make a better connection of the damage to the valet. Perhaps the pictures might suggest this, I don't know.

The state or country I am talking about is: Chicago, IL

On Mar 4, 2005, I valeted my new 2005 Maxima with this company. When I went to get the car, it was around 11PM and raining, I didn't notice anything wrong with the car until the next day when I saw the driver's side mirror was scratched and the rear bumber (driver's side) was also scratched. The very next day, I called the company and told them what happened. I filled out a claim form and they took pictures of the car. A week later, they denied my claim because I did not notice the damage before I took possession of the car. their ticket states:

"You shall inspect the vehicle for damage or loss before regaining posession - failure to do so is an irrevocable waiver of all such claims"

It's only around $300 worth of damage. My question: Is there any legal recourse for somthing like this in Chicago...where if the damage could not be spotted due to weather or lighting contitions...and the damage was small...that I can stil file a claim?