Front of Car Smashed In...Need Legal Advice

[Joshu]

Ok here is the short and clear version:

My girlfriend and I went out on the town for a high class dinner and to see the Lion King play that was in town. The parking at the restaurant was valet. Basically, while we waited for the car the valet dude came up to me and told me my car had been damaged.

A woman (DRIVING A MONSTROUS SUV) was in front of my car in line to leave the parking lot forgot she was in reverse and made love with the back end of her SUV to my front bumper. Her muffler pipe went right through the bowtie on the front and her bumper scraped up my bumper and dented and scraped my hood.

I got the lady's insurance information and she was really nice...so were the valet guys.

My question is: The valet company is insured. The valet guy was driving my car when this happened. However, it is not his fault. So they are telling me they don't have to pay for it. Is this true?

We were 30 mins late for our play which was my girlfriend's Christmas present.

The valet company took pictures, I'll post them when I get em.

[Christopherrr]

Not the Valet's fault...the driver didn't induce the accident.

The ladies insurance should and better cover the accident.

[MN6WS6]

If the lady's insurance doesn't pay for it, then the valet company will be on the hook for it.

[FroSSty]

If the lady's insurance doesn't pay for it, then the valet company will be on the hook for it.

+1 bro...good luck!

[Injuneer]

Do not obtain legal advice from amateurs. The insurance laws of PA will govern who pays for what, and unless someone else actually lives there, its unlikely they will know the correct PA insurance law.

[Joe 1320]

Do not obtain legal advice from amateurs. The insurance laws of PA will govern who pays for what, and unless someone else actually lives there, its unlikely they will know the correct PA insurance law.

What Fred said........

Also.... might be time to add a few of your own pennies when it goes into the shop to fix any other flaws that need attention. It will be a whole lot cheaper to get them fixed at the same time.

[Blazer]

Now don't tell us your girlfriend wants you to get a Mustang.
Blazer

[Joshu]

Well I went and got a quote for it. $1200!

The auto body place (which is huge with an extremely good reputation) will handle the claim and send all the paperwork to the lady's insurance. Also, they said her insurance "should" cover a rental car in the meantime.

Does this sound good? I just need your opinions. My father will be guiding me along in what to do since he's been through this before.

[MN6WS6]

Fred, while you may be correct in your assumption about PA law, I have 4 years of pre-law, so I'm pretty confident in my assumption about the law in general. No way is the owner of the impacted vehicle responsible. Vehicle 1 is who the bill goes to first, then the operator of vehicle 2, who happened to be a third party. Therefore, the valet company is on the hook. If they don't pay, then the valet himself is responsible.

[DJ Taso]

I don't see why the valet company shouldn't be hold responsible. The car was in thier hands during the accident and they are responsible for your car especially if you have to pay for their service (not talking about tip). It doesn't matter who caused it, the car was in their possession during the accident. After all, that's what they have insurance for. It should be between the valet campany and the woman's insurance over this.

[Injuneer]

For example.. under NJ's (mandatory) "no-fault" insurance coverage, the Owner's coverage is the first line of claim. If your insurance company feels that another person/driver was to blame, it is up to the two insurance companies to sort if out between them, after all the repairs have been made. If the other party failed to carry the mandatory insurance, payments are recovered from the State of NJ "uninsured motorist" pool. Your insurance company pays you, they may choose to seek reimbursment from the other party's carrier or the other party if they are uninsured. The standard NJ police report contains numerical fields assigning responsibility for the accident. The insurance companies use those fields to determine the percent of responsibility for each party.

[ConElite]

Now don't tell us your girlfriend wants you to get a Mustang.
Blazer

good one

[Joshu]

Now don't tell us your girlfriend wants you to get a Mustang.
Blazer

She knows for sho how I feel about those!

[BrdWAtti2d]

Call your insurance company, they will kick the necessary a$$es. That's what you are paying them for.

[Joshu]

Update!

Her insurance is paying for everything! I have a 2007 Dodge Caliber for a rental for 3-4 days while they fix it. Just in time too. Coldest day of the year was today and a snowstorm is expected tonight-tomorrow. Much better than having the 'raro in this situation! Even though I miss her already.......