gar598

In July my friend's car was totaled (driven into a wall) by a valet at the Doubletree in Silver Spring, MD. Doubletree claims the brakes were not functioning properly ... the insurance claims have all been denied thus far. The car is not drivable and still sits in Doubletree's lot. I had him reach out to a few attorney but it seems they are not interested in these types of claims. Any other ideas for him?

work2fly

Your friend should report the accident to his/her insurance and let's them fight the hotel over this.

gar598

I guess he did ... he doesn't have collision and his insurance told him the below. Doubletree also mentioned the valet in question was fired the day after the incident.

"A third claim was filed based on subrogation with personal insurance and that was denied with instruction to direct claim to other insurance companies"

bo1953

No collision coverage?

That is the first issue, they self-insured.

The only other recourse, I can think of, is to get an estimate for repairs and take the hotel to court. Maybe small claims in this instance? Who knows until appraised.

Good luck and safe travels...

lixiaojuventus

This is an interesting situation. So your friend did not carry collision so his own insurance company wouldn't do anything about it? In addition, I guess the hotel is ultimately liable for this accident and can be sued?

Often1

As a starting point, if your friend's brakes failed, that is likely the end of any claim whether it is through or against the property, the valet or one insurance company or another. So, what is the answer to that question? You have a lot of detail, but left out the most important answer.

If your friend does not carry collision, he is SOL as to his own insurance and that is why his claim has been denied. His insurance company is not going to fight with anyone because it has no liability.

The claim is against the Doubletree and the valet (who may not have any money, so not worth fighting with).

If local attorneys who handle these sorts of cases won't take the case on, that is a pretty good indicator of where this case is headed. OP may certainly file in SCC and handle the case himself, but if the assertion that OP's brakes failed is true, the property will win whether OP handles the case in SCC or finds someone to take the case and pays him for his work.

clarence5ybr

What doesn't add up is that:
1. The hotel claims the brakes failed
2. The valet in question was fired the day following the incident

If the hotel truly believes the car ran into a wall because the brakes failed, they would have no reason/cause to fire the valet (unless the valet was fired for something unrelated, but that would be a huge coincidence).

Baze

Your friend should hire a reputable mechanic to go to the cars location and inspect the brakes for failure, if they find nothing wrong your friend has something to stand on against the valet and hotel. If they have not done this yet it is just a he/she said / they said situation and it will probably not go anywhere.

adambrock

Also I would invoke the 100% satisfaction guarantee for the stay, lol.

expert7700

Possibly fired for refusal of a mandatory employer drug/alcohol test?

I would sue hotel and valet in small claims court, if name us not disclosed you an sue as John Doe and file a motion for discovery to make hotel reveal employee name.

danielonn

The hotel has no liability unless they can prove via CCTV that their employee crashed the car. I am sorry that this happened to your friend. Your friend may want to contact his insurance company and deal with Doubletree's insurance.

Also did your friend ask for a report? Were there any witnesses? Did your friend file a police report? Did your friend take photos of the damage? If your friend has a before and after photos that would help. Whenever you rent a car or park a car especially a new one its a good idea to take photos of it before handing it over to the valet or parking it.

If I had a theft or an accident at a hotel I would immediately take photos, make a report with the police , hotel management and get all witnesses information.

Sometimes its cheaper not to go through the insurance due to the cost of repair costing less than your premiums.

Without documentation the hotel could say it was a preexisting accident or damage. Your friend would need an attorney to get the CCTV footage if there is any.

If the accident was due to a break failure(a maintenance issue) then I am not sure how the hotel would be responsible. Your friend is lucky that no one got injured. What year is your friend's car? If it were me and I knew it was a maintenance issue I would just pay for the damages myself unless the valet was negligent and even then how can you prove it.

You take a risk leaving your car with a valet and they are not responsible for your valuables. There is a limited liability clause in their insurance policy and the hotel could say that because of the break failure your friend's car caused property damage.

I hope this helps and please keep us posted.

gar598

Thanks all ... the mechanic idea is good one. The below is a summary of events he has shared:

danielonn

I would take the car to two mechanics for an estimate and send a letter and ask if in good faith could they cover at least 50 percent of the damage.

The accident happened in July and I assume your friend started the procedure then.

Another option is to take this to Judge Judy with all the evidence if you feel that Doubletree won't compensate your friend properly. Even just the thought of this from their legal team would want them to settle right away.

If the hotel manager provided incorrect insurance information then I would contact corporate for them to put your friend in touch with the District Manager and their Risk Management Department.

Providing false information to get out of a claim could be illegal. I would have your friend write a strong letter that emphasis this.

dinanm3atl

I don't valet anything but if this thread holds true information if you valet your car your insurance is on the hook regardless of what the valet/company/hotel do with your car?

More reason to never let a valet touch your car. Pretty clear a valet crashed this person's car and the hotel/valet/company have completely washed their hands of the situation.

danielonn

I agree with you on this the valet company washed their hands over this.