Miami, FL asked in Car Accidents for Florida

Q: Valet service crashed my car and denied my claim because I don’t have proof that they did it. What can I do?

I pay a monthly valet service to park my car in my apartment building. One day, I received my car from them and drove off. When I parked at my next destination and got off my car the whole side door was as crashed. I submitted a claim to the valet service and they denied my claim because I don’t have proof that they were the ones that crashed it. They have video cameras and claimed they “checked the footage and they didn’t do it”. They didn’t even let me see the video footage, how am I supposed to believe what they are saying is true. Can I take any legal matter in this?

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Personal Injury Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: When you say "they denied my claim", do you mean the valet company or the insurance company for the valet company? The first steps in this situation is to get your written repair estimate and request the contact information for the valet company's insurer for liability claims, then set up the insurance claim, as well as to IMMEDIATELY request, in writing (with proof of delivery), the preservation of all video and photographic images of the location(s) where you car was on that date. Usually, the custodian of such footage would not be the valet company, but rather the management or the security company for the location. They would have no obligation to turn that over to you unless suit is filed, but they would have a legal obligation to preserve it (for a while). If an insurance claim is denied, then you would need to file suit. If your loss is no more than $8,000, the claim would be in small claims court against the corporate entity for the valet company. Small claims court exists in order for claimants to easily navigate the process without needing an attorney - but it's often beneficial to consult an attorney. If your loss is over $8K, then it's best to hire an attorney.

Terrence H Thorgaard agrees with this answer

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