car stolen in valet parking (New York)

[aprilsky]

My 99 Honda Civic was stolen a week ago while it was valet parked. The valet hid the keys on the front tire of my car (as they did with other cars). My car was bought brand new and was in excellent condition. I still have 2.5 yrs to go on my loan (current payoff value is about 9k). If my car is not found and my insurance pays my claim they'll probably pay me blue book value or whatever it is that they use (this will probably amount to about 11-12k). That leaves me 2-3k for a downpayment for a new car (on which I'll have to get a 5yr loan, whereas my car should have been paid off after another 2.5 yrs). I understand that my insurance will go after the valet company for whatever claim they pay me. But shouldn't the valet company be liable for more than the blue book or market value of my car? Their negligence will have added an extra 2.5 years of car payments for me and I will have basically lost the monthly payments I've already made on my car (not to mention the downpayment I made on it). I think I should get paid at least the amount I paid for the car when I bought it. Should I attempt to go after the valet company myself or should I leave it to my insurance?

 

[JETX]

There is normally a 'disclaimer' or limited liability statement on the valet ticket. In order to see what obligations (if any) they might have, it is important for your to provide the ENTIRE text noted on the ticket.

Additionally, you need to tell us if this was free valet parking or paid parking. Also, did you park the car yourself or did they take possession and park it for you (I assume the latter since they had the keys)?? What type of establishment was this (hotels have different liability (as to personal belongings) then others (niteclubs, etc.)?

One other thing... I know that parking GARAGES are controlled by the Department of Consumer Affairs in New York. You might contact them and see if they also regulate valet parking.

 

[aprilsky]

This happened at a restaurant/catering hall. The parking was free. A valet parking company provides the parking services for the restaurant. The parking attendant parked my car and gave me a ticket which states: "Executive Parking Services assumes no liability for personal items/electronic equipmment left in vehicles. Executive Parking will not be responsible for any damages reported after leaving the facility."

It also states that they're "fully insured." Nothing is said about car theft. Perhaps I'm naive to think this, but if I hand over my keys to a valet, shouldn't they be responsible for looking after my car while it's in their possession? I mean if I had parked the car myself I would've taken my keys with me and used my club thus lessening the chances that someone could just drive off with my car with little effort. I meant to park the car myself but they wouldn't let me.

 

[JETX]

The reason I asked the questions I did was that you have several issues in play here....

When you enter into a valet parking agreement, an issue of 'bailment' arises.
"Bailment:
Anglo-French bayllment, from bailler to hand over
: the transfer of possession but not ownership of personal property (as goods) for a limited time or specified purpose (as transportation) such that the individual or business entity taking possession is liable to some extent for loss or damage to the property
Note: The typical elements of a bailment are delivery of the personal property, acceptance of the delivery, and possession or control of the property. Any of these elements may be actual or constructive. Bailments may be created by contracts, either express or implied, which require agreement, and the agreement may also be express or implied."

And there are several types of bailment.

If you paid for valet parking, you would have what is called 'bailment for hire'. This type of bailment requires a higher degree of protection to the vehicle by the bailee.

If you don't pay for the service (which is your case), you have what is called 'gratuitous bailment'. This only requires a lesser degree of protection, being the normal care that would be provided by a normal, prudent person.

In this case, by placing your keys on the tire, I feel that the 'bailee', the valet parking company, FAILED in providing prudent care to protect your vehicle and this failure could very well border on flat negligence.

However, I would suggest your first line of attack would be to negotiate your settlement with YOUR insurance company and let then pursue any action against the parking company. Failing that, you MIGHT consider talking with an attorney to determine your options. Or, if you can prove the damages you believe (difference in book vs. 'your value') is low enough, you could consider small claims court.