Car Damaged by a Hotel Gate

kidsnoopy · #1 01-16-2009, 01:16 PM

What is the name of your state (only U.S. law)? California

Hi this is kind of a weird one. Not sure if I have a viable claim against the hotel.

Last week I was dropping off Audio Visual equipment (for a meeting) at a hotel early in the morning (it was still dark). My co-worker was in a car in front of me. We spoke to the valet and he gave us information on where to best park our car so we can drop off our equipment and have the minimal distance to carry it. I then thought he said he would hold open the arm gate that allows us entrance to the parking areas.

My friend was in the car in front and proceeded forward 40 yards to an arm gate. The gate opened and he went through. I followed him. All of a sudden I hear this crashing sound on the top of the car. I realized that the arm gate had crashed down on top of my car. It was very dark so I continued to the parking area where there was light. When I got there I realized the removable cargo racks (they clamp on) on top of my car were missing and I had damage to the roof. I went back to the gate to retrieve my racks and they were gone. It turns out the valet saw what happened and picked up the racks and carried them to the location where our meeting was taking place.

When I asked my coworker what happened he said (didn't you take a ticket) and I said no I thought the valet was holding the gate for us. It turns out my co worker took a ticket to open the gate. I think when the valet saw him do that he decided to not hold open the gate thinking I would do the same. Also I never made the connection that this was a public entrance. I thought it was strictly controlled by the hotel staff and I never saw my co worker take a ticket. Thus I was expecting the valet to hold open the gate. One other person with us said she heard him say he would hold the gate for us. My other co worker does not remember hearing that

I went back to the valet and filed a damage report. I explained what happened and how there was a miscommunication but they did not say anything other than they would file the report. I put all my info on the claim report and got a copy with a claim number. However, the gal who filed it out never wrote her name or any information or signed it. When I emailed the company (on the claim form) they responded that no one filed a claim with that number.

The total damage to the car and racks came to $980 (based on two estimates). Do I have a valid claim against the hotel or do I eat this one?

One angle is that since I was driving it was ultimately my fault for not recognizing the situation regardless of the miscommunication and darkness.

Another take is that even if it was my fault for not recognizing the situation, it was ultimately the hotel gate that caused the damage. If the gate was better designed it would have sensed a car below it and not closed on it.

Another take is that it's the hotels fault for the miscommunication.

By the way it's a large hotel chain and I wonder what my chances would be in small claims court if it went that far.

Thanks in advance for the replies.

racer72 · #2 01-16-2009, 01:25 PM

Quote:

By the way it's a large hotel chain and I wonder what my chances would be in small claims court if it went that far.

Slim and none and slim is on his way out of town.

Quote:

I then thought he said he would hold open the arm gate that allows us entrance to the parking areas.

You thought wrong. If you caused any damage to the gate, don't be surprised if they want your insurance info.

ecmst12 · #3 01-16-2009, 02:49 PM

The gate worked as it was intended to - it let in ONE CAR AT A TIME. The gate is automated, the attendant probably can't control it at all. You weren't paying attention and didn't take a ticket and tried to ride through on your friend's ticket. I understand you were confused, but that behavior is EXACTLY what the gate is designed to prevent - two cars getting in for one fee! I don't see how you could possibly hold the hotel liable for your misunderstanding. File a claim with your insurance - it will probably go under Comp which means you won't be charged for an at-fault accident.

kidsnoopy · #4 01-16-2009, 04:14 PM

The valet definitely said he would hold the gate for us. One of the people with us confirms that statement. The valets do have control over the gate from their location.

The confusion arose when the guy I was with (in the car in front) took a ticket (before the valet could get over to push the button). The valet at that point must have thought I was going to do the same. From my perspective I thought the valet pushed the button and so I proceeded. Also the lighting was out. This was 30 minutes before sunrise (at 6am) and the lights must have been on timers rather than photo sensors. It was very dark and I could not read any of the signage describing the parking instructions. I could an hour later when it was daylight and I could clearly see the signage.

No damage was caused to the gate.

If I file a claim in small claims court for $960 what are the chances they will send someone to defend it (even if my chances are slim to none)? Or would they most likely settle it due to the low cost. It would cost them more to pay a lawyer to investigate this and then go to court.

Zigner · #5 01-16-2009, 04:20 PM

The chances are that they WOULD send somebody and they would counter-sue for damages to the gate. You would likely lose.

How do you think this is the hotel's fault? You acknowledge that your friend took a ticket but you didn't.

kidsnoopy · #6 01-16-2009, 04:34 PM

The gate was not damaged so they can't counter sue. I have a witness stating the valet said he would hold the gate for us. I acknowledge my co worker took the ticket because I found out after the fact. I could not see him take the ticket from my vantage point. thus I thought the Valet was holding the gate (because he said he would do so).

Parking for us was free because it's included with the conference room rental so it was not an issue of sneaking in and not paying. You paid on the way out anyway. The valet told me to tell the parking attendant the company I was with and that they would not charge us for parking.

Zigner · #7 01-16-2009, 05:02 PM

Quote:

Originally Posted by kidsnoopy

The gate was not damaged so they can't counter sue. I have a witness stating the valet said he would hold the gate for us. I acknowledge my co worker took the ticket because I found out after the fact. I could not see him take the ticket from my vantage point. thus I thought the Valet was holding the gate (because he said he would do so).

Parking for us was free because it's included with the conference room rental so it was not an issue of sneaking in and not paying. You paid on the way out anyway. The valet told me to tell the parking attendant the company I was with and that they would not charge us for parking.

Thanks for the clarification. Based on this post, I'd have to say:

The chances are that they WOULD send somebody and they would counter-sue for damages to the gate. You would likely lose.

How do you think this is the hotel's fault? You acknowledge that your friend took a ticket but you didn't.

kidsnoopy · #8 01-16-2009, 05:28 PM

OK thanks for the advice. It won't hurt for me to pursue a claim directly with the hotel. I just sent them a follow-up email today lets see what they say.

Zigner · #9 01-16-2009, 05:51 PM

Quote:

Originally Posted by kidsnoopy

OK thanks for the advice. It won't hurt for me to pursue a claim directly with the hotel. I just sent them a follow-up email today lets see what they say.

I would absolutely agree with that. There is a chance that they might even offer you something...
But, it sounds like they have no legal requirement to do so.