Expert: Doctor Settlement - 4/11/2006

Question
I park monthly in a valet garage in NYC and my car was damaged by this valet guy that went crazy and mess up at least 6 cars that I know of.  The garage is taking full responsibility but only want to fix my car at their shop (and is willing to give me a rental car).  I can go to my own insurance company but i have a $1,000 deductible in which if the garage denies responsibility I will not be able to get back.  I did file a police report but am not sure if it is useful.  Any suggestions?  

Answer
Dear Eddie,

Sorry to hear your car was messed up.  There are three questions you have asked.

First, is it useful to file a police report?  Yes, that DOES give you the basis to seek your own insurance company involvement.  Other than that, it is a non-factor.

Second, can you get your deductible back?  Absolutely, although you may have to go to small claims court to do so if the garage should deny liability.  But this is a case where one of their own employees did the damage, not some visitor to the garage.  

Thus, they are liable for all such acts of their employees, and you are owed full restoration of your car.  That would include the total payment to repair it, and you can pick your own shop.

Third, should I use their shop, or should I go through my insurance?  This is the tough one.  No doubt it is cheaper for the company to use its own shop.   Plus they will give you a free rental.  

But what about the quality of their work?  I would go to the shop and speak with the manager or owner and ask to see some of their work and assure yourself that your car will be handled to your satisfaction or they will take it back and re-do the part of the repairs that are not "right".

If you are thusly satisfied, I would go with them.  If you cannot get that satisfaction in advance, talk with the claims representative for the valet garage and see what he has to offer in the way of guarantees.  

I suspect that when all the risks and advantages are weighed in, you will find it better to ignore your own insurance and to go with the garage's offer.

I trust that this information has been of help to you, and thus I respectfully request that you leave some feedback for me on the form provided on this site.

Best Wishes,

Dr. Settlement, J.D.
www.SettlementCentral.Com