WillBarrett_68

come on. it's clearly another guest.

really? You already have witnesses from the hotel and valet. There is no reason to think they're going to lie in this situation.

with this level of paranoia it seems you should be constantly filing police reports every time you interact with another person just in case something happens.

Often1

This is the key.

There is a vast difference between indemnification and the likelihood that subrogation means that someone's carrier will step in to represent you, but there is no guarantee that this will happen immediately or that it will happen without significant investment of time & effort on your part.

Everyone needs their own coverage which comprehensively covers liability, provides a defense and has a practice of simply taking over the matter so that you are out of the middle.

If you don't, the fact that you may come out of this OK does not mean that it will not be painful. As others have noted, in the first instance, Hertz sees OP as owing either the vehicle or the cash it represents.

pfthrowaway21315

I think you're being a bit too tough.

Lots of people lose their claim tickets - it's not absurd that someone may misplace a piece of paper, especially when they're frazzled and just checking in to a hotel. As for the car - there are many people who don't know cars well, and might assume a similar SUV is theirs.

I have mixed feelings on the selfish comment. On one hand, it's ...... that she kept your car for so long, but from her POV - it's the hotel's mistake. Why should she have to adjust her plans because of their mess up?

spamkiller

You are correct as far as a successful prosecution. The issue of filing a police report or even an arrest is different, as there only requires a reasonable suspicion. However, the police may not want to bother filing a report or even set up procedures to discourage this. I had police witness the crime of trespass by someone homeless, but set up a procedure that exceeds the requirement of the law, but requiring signage and forms be filed prior to making arrests for trespass.

benblaney

Perhaps harsh. I would maintain that keeping hold of a claim ticket isn't that hard.

The reason she should adjust her plans is that SHE lost her claim ticket, SHE got in and drove away in the wrong car, SHE did realize - but she didn't consider how it negatively impacted me (or she did, and she didn't care). It's not all on the valet guy; she's partially culpable. She should have some empathy for me.

spamkiller

Once the driver was informed and didn't return (or leave) the vehicle, that becomes joyriding (See California Vehicle Code

10851). It is also is the tort of conversion.

Often1

Something along these lines is the case in most states. But, this is also stuff which gets sorted out later. Reporting the incident to the police does not mean that someone has committed a crime, only that there is the possibility of a crime to be investigated.

Had OP's situation turned out to be a theft, there is a strong likelihood that pretty much every insurer involved would have declined coverage as to OP because he failed to take reasonable measures to mitigate the situation.

Even more true if the vehicle is involved in an accident, others are injured and come back after OP (among many others).

If you want to avoid coverage battles, pick up the phone.

guv1976

But it would cover theft -- which, by definition, involves an unauthorized driver.

TXJeepGuy

Agreed.

I don't think I've ever gotten in my car after a valet drove it and had the seat where I left it.

J S

So, I have actually seen this happen...twice! And I would give the benefit of the doubt. I have rented a lot of cars and often cannot remember exactly what kind of car I have rented.

First time, I was in Colorado skiing. I had rented an SUV (of some sort). I was walking back to the hotel and needed my car, so I called ahead. As I walk up to the front door, I see my car pulling out with a family inside. I ran to the car and knocked on the window. The driver insisted it was his rental car until I pointed out that my cell charger was in the console. At that minute, the valet was pulling up to the door with another SUV belonging to the erstwhile car thief. The guy called for his car, saw a rental car that was vaguely the same size and shape, tipped the valet and got in. Had I not knocked on the window, he would have likely spent the whole day out and not realized the mistake until he returned to the hotel.

Second time, the "perpetrator" was my grandfather who called for his rental car at a very nice hotel, came downstairs, got in his car--except it wasn't his--and drove away. He did not discover the mistake until he got back to the hotel several hours later.

Should you be angry at the valet? Absolutely! Should you be angry at the person who took your car? Not unless you can prove something more nefarious.

Often1

The underlying issue is at absolute best and presuming the honesty of the other driver, a total fail by the valet company. People lose their tickets all the time. But, decent places then require ID and match to a room number and sometimes call for the last 4 digits of the CC used at the property. My guess is that the valet company had such procedures but that they were not followed.

But, that has nothing to do with what to do if it happens to you.

MePlatPremier

I am sure there’s a lady somewhere in NA that is ready to jump onto FT to start a thread about this property’s valet service that handed her the wrong car, put her in harm’s way driving around without insurance coverage in the event she had an accident and in the imminence of being arrested for vehicular grand larceny and inquiring how much compensation she should expect from the hotel.

TomMM

Should have asked for a tank of gas.

Out of my Element

This.

It's a shame she lost the ticket, but most folks don't remember what their rental looks like, and once you are gone for the day you are gone for the day.

Blame Pie:

Valet: 99%
Person with your car: 1%

nacho

The problem is OP handed the key over voluntarily to the valet.