Expert: Richard Hixenbaugh - 4/28/2009

Question
Last Thursday I drove over an hour on 3 different highways to pick up my mom at the airport.  Once I picked her up at the airport we drove 15 minutes to a restaurant and I parked my Toyota Sienna minivan with the valet that is contracted with the restaurant we were going to eat at.  After my mom and I finished our lunch we walked to the valet and a young kid, no more then 23 years old, took my ticket stub and went a retrieved my van. I tipped him and we left.
My mom and I drove on the freeway and no more then 2 minutes later at 65 m.p.h the hood of my van all of a sudden flew backwards and smashed in my windshield and stuck there. Glass sprayed all over my mom and I. I couldn't see where I was going and I started shaking and crying uncontrollably.  Cars were honking at me as I was weaving and trying to get over to the emergency lane. I might add that I am also 7 months pregnant.  Luckily a car in the fast lane slowed down enough for me to get over and I was able to pull over and stop in the emergency lane in the middle of the highway.  
Now I couldn't understand how this could happen after I retrieved my car from the valet.  Then it dawned on me that the young valet kid pulled my hood latch thinking it was the brake release.  In a Toyota Sienna the hood latch is in the same spot as the brake release in other cars.  So it is easy to confuse.
I don't have comprehensive coverage on my van so this has to come out of my own pocket.  There is almost $3000.00 in damage to my van.  The hood is destroyed along with the windshield. The roof is also dented and needs alot of body work.
The president of the valet company will not contact my insurance claims adjustor back. My insurance company is helping me even though I don't have comprehensive insurance, only liability.  I have been communicating with the managers at the restaurant we ate at to get them involved.  
I need help.  What else should I do? If they don't cooperate I will be taking them to small claims court.  Any suggestions?  Thanks so much.

Answer
Hi Racheal,

I'm sorry you're having such an ordeal.

The problem is going to be in proving that it was the kid from the valet that released the hood. There were no witnesses to state that they saw him pull the hood latch instead of the brake release. It did not happen until 15 minutes after you left the restaurant. They will likely argue that it may have already been open before you got to the restaurant and that it was just a coincidence that the hood flew up after you left.

These are just possible arguments the valet company may make. You should try typing a letter to the valet company to be sent by certified mail/ return receipt requested. In the letter you should state the facts as you outlined in your question here. Include a copy of the repair estimate and demand payment of the amount within 10 days or you will file suit. If they pay, great. If they do not pay or respond, then you can take your chances in court.

I hope this helps
Richard Hixenbaugh