Valet left keys in vehicle - vehicle was stolen

What is the name of your state?
California
Last weekend we dropped off our car at a valet parking site and went skiing. When we came back, the valet said we had already picked up our car. We later pieced together what had happened:
He left our keys in our car while he parked another vehicle. He came back and our car was gone but he did not report it because he said he thought we had come back and taken it. We called the police when we returned 6 hours later and filed the police report. We then tried to talk to the claims manager but didn't receive a return phone call for 4 days. We ended up driving around town and finding our car, but nearly everything inside had been stolen. We don't think we should have to go through our insurance company and risk increased premiums...plus the deductible. Is small claims court the best answer if our losses were under $5K?

Aliser said:

Is small claims court the best answer if our losses were under $5K?

Click to expand...

Best answer?? No one can answer that without knowing ALL the facts... but that is certainly ONE answer.
However, you will need to READ the disclaimer information at the valet site and/or on the valet ticket.
Then, since it will very likely waive their obligation in the event of theft, you will have to argue that their negligence (in leaving the keys in the vehicle) supercedese that disclaimer.

Not an easy battle to fight.... and you should at least consult with a local attorney who can review ALL the issues.

More details

We don't have the claim stub because the driver took it back when we returned to pick up our car. We do have the remaining portion of the matching ticket that was in the car (no disclaimer on it) and the claim form, signed by the valet parker's manager acknowledging that he left the keys in the car. We don't yet have a copy of the police report, but the valet attendant told her he left the keys, so that should cover it, right?
I have been looking on the internet and have noticed that there are a lot of cases where the valet company has not been responsible for items left in the vehicle. Would the judge likely think the valet leaving the keys, then not reporting it to the police (while our car was stripped in the mean time) a serious case of negligence? The parking owner has called and has asked for our insurance claim number and insurance information, but I didn't give it to him. He also told me we HAD to go through insurance because "California is a primary insurance state". Have you ever heard this term or is he making it up?

Aliser said:

Would the judge likely think the valet leaving the keys, then not reporting it to the police (while our car was stripped in the mean time) a serious case of negligence?

Click to expand...

Sorry, but our (collective) crystal ball is still in the shop.... making it impossible for us to tell you what the judge 'might' think.....

The parking owner has called and has asked for our insurance claim number and insurance information, but I didn't give it to him.

Click to expand...

Why not??

There is something more fundamental going on here.

The issue with the parking company created a bailment for hire. You do not need to prove negligence. You just need to prove that the car/property was damaged/stolen while under their care. Maybe a separate issue for the contents of the vehicle versus the vehicle in question.

However, when you leave your property, like a car, with someone and pay them for it, it creates a strict liability situation.

I'd say your chances of recovery are decent. There could be tricky issues like limits of liability on your receipt or what not that could come into play -- most courts, however, don't view these types of limits of liability as being reasonable.

Out of curiosity, does CA/CA cities have any statutes prohibiting leaving a car unattended with the keys in the ignition? Would certainly make a negligence argument go much easier if there were.