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OP. Basically once you left the premises without checking the vehicle you're into what is known as a "he said'' ''she said situation'' and no judge will make an award without absolute proof of damage. Time dated video or witness(s) is what the judge will require. So save your money there and if you want try to negotiate with the hotel corporation office. You'll probably end up having to chalk this up to experience. No need to get your blood pressure up in a probable no win case. Sorry.
"Absolute proof" is not the burden of proof in a civil case (or any other type for that matter). The standard is "preponderance of the evidence," a standard in which circumstantial evidence and witness credibility matters greatly.
"Absolute proof" is not the burden of proof in a civil case (or any other type for that matter). The standard is "preponderance of the evidence," a standard in which circumstantial evidence and witness credibility matters greatly.
This.
That being said, we may have to pay up, but if so - they're going to pay too, one way or the other. I agree with the TripAdvisor comments - I am a regular reviewer on TripAdvisor and I know that hotels and services do care about those reviews. That's a future step along this fight.
I'd get better insurance... You should have done a video walk-around of the vehicle before and after handing it over...it's very easy to do with todays phones/cameras.
I Vegas the valet's drive though a video tunnel when parking your car...most of them anyway.
I'd get better insurance... You should have done a video walk-around of the vehicle before and after handing it over...it's very easy to do with todays phones/cameras.
I Vegas the valet's drive though a video tunnel when parking your car...most of them anyway
I don't think that every time someone uses valet parking they ought to be obligated to get out a camera and photograph their car. I guess some people are that compulsive in their behavior. I'm not. Video cameras may be more and more common, but they aren't an absolute requirement to prove something.
I'll stick to what I've said earlier in this thread. If after the OP left the garage, she and her husband were with their vehicle the entire time before they turned around and went back and they were not in an accident afterwards than they have a case. What this one turns on is not some absolute standard of conduct.
What it turns on is whether the OP and her husband can testify credibly to what I have just said. The rest is simply a question of what the judge in such a case chooses to believe.
Things in the civil law need only be proven by a "preponderance of evidence" (slightly more evidence of something than not). They don't need to be proven absolutely or "beyond a reasonable doubt". Absolute proof is not even needed in a criminal case. Beyond a reasonable doubt is the standard in a criminal case when we are contemplating sending someone to jail.
I find the conduct of the insurance company here infuriating. I'd take them to court, force them to incur legal fees, and let them decide if fighting a claim that was worth $1900 was worth it. Maybe they'll think twice before they do this next time.
Last edited by markg91359; 08-29-2013 at 07:21 AM..
Another option is to drive a beater if you know you are going to valet park anywhere.
I don't think you stand a chance in small claims court as they will say that you accepted the car and drove away. They could further claim that you might have damaged the car after driving off and are trying to pin them for your mistakes.
It is just a car (a heavily depreciating asset if I may). Let it go. No point in having a discussion 8 pages long for this topic.
I'd get better insurance... You should have done a video walk-around of the vehicle before and after handing it over...it's very easy to do with todays phones/cameras.
I Vegas the valet's drive though a video tunnel when parking your car...most of them anyway.
I have a great insurance company. Unfortunately, we JUST got our last grown kid off our insurance, and he was the one running our rates up so much, which is why we had a $1000 deductible. Believe me, we are going to lower this down to $500 now - should have done it a few weeks ago but hindsight is 20/20.
I've never seen anyone doing a video walk around with their phone during valet parking, and actually I think it's ridiculous to have to go to such extremes.
Maybe I just won't be a guest at hotels which require valet parking anymore - and I'll pass that word on to the Hilton. Maybe it won't mean anything to them, but it's something a lot of people don't consider. We didn't even have the OPTION of self parking there. That alone makes me feel that the Hilton has some responsibility in this whole deal.
Another option is to drive a beater if you know you are going to valet park anywhere.
I don't think you stand a chance in small claims court as they will say that you accepted the car and drove away. They could further claim that you might have damaged the car after driving off and are trying to pin them for your mistakes.
It is just a car (a heavily depreciating asset if I may). Let it go. No point in having a discussion 8 pages long for this topic.
It's just $1000 and the implication that we're liars, and the fact that someone damaged our vehicle when we were paying them to safeguard it.
As for the 8 page discussion, if the length of the discussion bothers you, you can help keep it shorter by refraining from leaving posts.
I agree with OP, taking a video of the car is a little too much for me as well. A walk-around for a few seconds, looking carefully, and noting any scrapes, dents on the ticket -- that should do it.
The whole valet thing for me is wide-open for abuse. Valet boys don't check anything, they jump in, and drive away quickly. And they bring the car, get up and leave -- the whole thing is too casual for me. What if you checked and noticed a dent? Valet boy says "it was there before" and 1 inch x 1 inch ticket has no room for notes. It's not like a rental car agreement, which shows a diagram of the car, and room for comments.
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