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Valet parking unlatched the hood

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adjohan

Junior Member
What is the name of your state (only U.S. law)? MA

I used a park and ride service near the airport. They provided service of valet parking and shuttle to the airport. When I came back, they picked me up and my mini van was ready to go at the front of their office. I drove the van, and as soon as I going on a ramp to the highway, the hood suddenly popped open. The hood crashed the windshield and caused damage to the hood itself and the roof.
I believe what had happened was that the valet driver did not know how to release the mini van parking break. Typical American van & suv would require pulling a handle on the bottom left side to release the break. My Toyota mini van had a similar handle, but it was to open the hood. I believe they accidentally open the van hood, assuming it was the brake release handle.
My insurance covered the damages, but I have to pay the deductible. Do I have any chance to recover my deductible from the park and ride company?
 


A

Antigone*

Senior Member
adjohan said:
What is the name of your state (only U.S. law)? MA

I used a park and ride service near the airport. They provided service of valet parking and shuttle to the airport. When I came back, they picked me up and my mini van was ready to go at the front of their office. I drove the van, and as soon as I going on a ramp to the highway, the hood suddenly popped open. The hood crashed the windshield and caused damage to the hood itself and the roof.
I believe what had happened was that the valet driver did not know how to release the mini van parking break. Typical American van & suv would require pulling a handle on the bottom left side to release the break. My Toyota mini van had a similar handle, but it was to open the hood. I believe they accidentally open the van hood, assuming it was the brake release handle.
My insurance covered the damages, but I have to pay the deductible. Do I have any chance to recover my deductible from the park and ride company?
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You would have to prove that the parking attendant was negligent. At this point you have no proof it was him/her/them.
 
justalayman

justalayman

Senior Member
I doubt you would win in court unless the guy admitted to the act but just the same, I would at least ask them for the money. Maybe through your discussion they will admit it to you.
 
R

racer72

Senior Member
Every motor vehicle sold in the US since the mid 70's has required a double latch on the hood, besides the inside release, there is also a manual release under the hood to prevent exactly what happened to you. How would you explain both latches being undone?
 
justalayman

justalayman

Senior Member
OP is not the first to experience the secondary latch letting go as they drove down the road. I once had a boss that had the experience of the hood opening on his big old 1 ton dodge PU truck.

I couldn't help but laugh with the mental picture.

then, I realized I should have asked this question first:

did anybody get hurt?

Luckily nobody did.


a secondary latch is intended to prevent what happened but sometimes a car bounces just right and...


WWWWHHHHHHHHHHEEEEEEEEEE!!!!!!!!


we're going for a ride across the median or wherever 'cuz we just plain can't see where we actually are going.
 
A

adjohan

Junior Member
Antigone*of*Greece said:
You would have to prove that the parking attendant was negligent. At this point you have no proof it was him/her/them.
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How about the fact that I drove 42 miles to the airport through highway running at 65 mph without problem. On the return trip, as soon as I entered the highway ramp, the hood popped open?

What is the degree of proof that I need to present in a civil court? I believe it is less that beyond any reasonable doubt?
 
E

ecmst12

Senior Member
You will only win if you can get the parking lot attendent to admit he touched the release lever.
 
A

adjohan

Junior Member
racer72 said:
Every motor vehicle sold in the US since the mid 70's has required a double latch on the hood, besides the inside release, there is also a manual release under the hood to prevent exactly what happened to you. How would you explain both latches being undone?
Click to expand...
The fact was both latches went undone, but that was not the issue here. The issue, could I get them to be partially liable since they operated the vehicle?
 
E

ecmst12

Senior Member
The fact that they operated the vehicle does NOT mean that they released the latch. You will only win if the attendent ADMITS to releasing the latch.
 
A

adjohan

Junior Member
ecmst12 said:
The fact that they operated the vehicle does NOT mean that they released the latch. You will only win if the attendent ADMITS to releasing the latch.
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BTW, the latch was inspected and deemed working properly. It did not open by itself.
 
E

ecmst12

Senior Member
The standard in civil court is a preponderance of the evidence, does not need to be beyond a reasonable doubt. But you don't really have ANY evidence. You have a theory that you can't prove unless the attendent admits something. YOU could have pulled the latch days earlier and not realized it - just as reasonable a theory.
 
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