Legal Question in Personal Injury in California

My car was stolen from a valet parking because the attendent left the keys in the ignition. Is the valet company resposible for the theft, and is it illegal that they do not want to give me their insurance information? P.S. there is a police report that states that the attended left the keys in the ignition


Asked on 2/09/12, 11:05 pm

5 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

The company might well be liable to you for negligence, though I can't be sure with so few facts. There may be other potential defendants as well.

The company is not required to give you its insurance information unless and until you have filed a lawsuit and properly demanded the information in discovery. But if you submit a formal demand letter (preferably one written by a lawyer), the company will probably tender the claim to its insurer if it has one. The insurer may then contact you about settling your claim. That's when you will really want a lawyer on your side, since the insurer will almost certainly try to lowball you.

Feel free to contact me directly if you want to discuss your situation further.

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Answered on 2/09/12, 11:18 pm
Armen Tashjian Law Offices of Armen M. Tashjian

You have a good case. If your car had a fair market value of less than $10,000 file a small case action and get your judgment. The small claims limits were just raised in California to $10K effective 01/12.

Also, if you have insurance, specifically comprehensive coverage, then put a claim with your insurance company and let them handle your loss. You can then sue in small claims for your deductible only.

Good luck,

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Answered on 2/09/12, 11:58 pm
Brian McGinity McGinity Law Office

It appears as though you have a case against the valet company. You may also have a case against others but more facts would be required to determine that information.

Mr. Hoffman is correct the valet company does not have to give you the name of their insurance company until you make the request through the formal discovery process within the context of a law suit. However, most reputable companies would turn over the name. An attorney could write the valet company (and the other potential defendants) a letter demanding the name of the insurance company and that might jolt the valet company into a more reasonable position. However, you may be dealing with a company that does not have insurance or that let the insurance lapse. That is also why it is important to determine if there are other potential defendants in the matter so you aren't left holding the bag. I suggest contacting a personal injury attorney in your area or in the area where the event occurred and proceeding from there.

Good luck

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Answered on 2/10/12, 11:31 am
Terry A. Nelson Nelson & Lawless

You have a claim. Make it by filing suit, and see what the outcome is. Sounds like you should hire an attorney to do so if the car was worth more than the limits of Small Claims Court.

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Answered on 2/10/12, 1:29 pm


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