damaged while valeted. please help, i need some input. plz read: insurance agents

banky · 12-25-2011, 03:59 PM

hey everyone, first i wanna say merry christmas and i hope your holidays have been great. Now...

Friday night, i used a valet service when i went to the bar. upon coming back to pick up the car, the manager on duty told me "someone hit your car" and proceeded to take me to the car to look at. The car was parked offsite in a grassy lot that anyone else can park at if they pay 10 dollars. i didnt know this at the time. i knew they were going to take the car to another lot than the one i brought the car to, but i didnt know it was a public lot. anyway, when we get to the car, im obviously upset but i try to keep my composure and i did a couple of things:

1. called the police and filed a police report
2. took pictures of the damages
3. got the valet company's insurance information
4. talked to everyone i can about how we were going to fix this.

after all i ended up driving home and made it ok. the car has been sitting in my driveway in the rain for the past 2 days and im kind of afraid the rain is going to cause electrical damage since my fog connections are exposed. but i digress.

where i am now is this: the manager is offering to fix my car and also drop off a rental car tomorrow (Monday) but he WILL NOT let me take it to my own shop. the only way i can take my car to a shop of my preference is if i go through insurance. They use Mercury insurance and I have State Farm. I will gladly go this route (although more troublesome but i'll get peace of mind with a shop i trust) but i am worried about one thing: will i be charged anything out of pocket? deductible, anything. i have a $1000 collision deductible and the manager was telling me i would probably have to pay my deductible if i go that route. he sounds wrong to me though because it was the valet's fault and i have proof it happened in their responsibility. he said he would just tell the insurance people it was a hit and run.

Please help! Will i have to pay anything out of my pocket in this situation?

churchillps · 12-25-2011, 04:06 PM

You should not have to pay your deductible. You clearly have 0% fault.

AddictedToBavarian · 12-25-2011, 04:16 PM

Screw him. You should not have to pay your deductible. Go through your insurance and they'll get the valet company's insurance to pay. You may have to pay your deductible, but get it back.

TheBingoBalls · 12-25-2011, 04:18 PM

I don't know how the valet works but is any car checked in with them their responsibility? If so and you have proof that the accident occurred under them, you shouldn't have to pay anything. Is it common for valet to park a car in a public lot? If so what's the point then? I would fight them on this.

banky · 12-25-2011, 04:20 PM

so should i file the claim through their insurance first or through mine? im thinking i should talk to my body shop first and see what he recommends?

if it helps, im in the state of Tx. i dont know how the laws work here but is it going to be a problem if he tells his insurance that it was a hit and run? will that increase the chances of my claim being denied?

banky · 12-25-2011, 04:22 PM

i feel like hes threatening me with the possibility of paying my deductible and him saying it was a hit and run to the insurance.

slider86 · 12-25-2011, 04:28 PM

Keep your stub. If it has a timestamp on it then you should be golden in terms of not be responsible for your deductible. If the lot doesn't respond kindly to you, talk directly to their insurance. If that doesn't work, you'll be made whole in small claims court. As for him saying it's a hit and run - his lot has a responsibility for keeping your cars relatively safe, so that shouldn't be a valid point of argument.

banky · 12-25-2011, 05:23 PM

thanks for all the replies so far guys. so should i file a claim with their insurance first or file with my insurance?

luv135i · 12-25-2011, 06:06 PM

File it through theirs first and see how that goes. If they start dicking you around then file through yours. You would then have to pay your deductible but State farm would subrogate back the entire amount from Mercury including your deductible. If you dont mind the initial 1000$ you have to give up in the beginning, it would be easier to file yours and go the subrogation route.

Infamous · 12-25-2011, 06:14 PM

Quote:

Originally Posted by luv135i

File it through theirs first and see how that goes. If they start dicking you around then file through yours. You would then have to pay your deductible but State farm would subrogate back the entire amount from Mercury including your deductible. If you dont mind the initial 1000$ you have to give up in the beginning, it would be easier to file yours and go the subrogation route.

I like your style

Either you really know your stuff from experience or we work in the same industry LOL

I would also advise OP to file through Mercury, he will also have the right to any shop of his choice.

banky · 12-28-2011, 09:22 PM

thanks for all the replies guys. turns out their insurance isnt Mercury, but some other insurance called "Colony Insurance Company." i filed through them and just waiting now to get assigned an adjuster and claim number. if nothing happens this week i'm going to just file with my insurance, state farm, and have them subrogate. turns out my deductible would be about $250 so not too bad. lets just see what this Colony insurance company does.. ill keep you guys posted!

12-25-2011, 03:59 PM	#1
banky First Lieutenant 34 Rep 359 Posts Drives: 2007 335i e92 Join Date: Jul 2011 Location: Houston iTrader: (1)	damaged while valeted. please help, i need some input. plz read: insurance agents hey everyone, first i wanna say merry christmas and i hope your holidays have been great. Now... Friday night, i used a valet service when i went to the bar. upon coming back to pick up the car, the manager on duty told me "someone hit your car" and proceeded to take me to the car to look at. The car was parked offsite in a grassy lot that anyone else can park at if they pay 10 dollars. i didnt know this at the time. i knew they were going to take the car to another lot than the one i brought the car to, but i didnt know it was a public lot. anyway, when we get to the car, im obviously upset but i try to keep my composure and i did a couple of things: 1. called the police and filed a police report 2. took pictures of the damages 3. got the valet company's insurance information 4. talked to everyone i can about how we were going to fix this. after all i ended up driving home and made it ok. the car has been sitting in my driveway in the rain for the past 2 days and im kind of afraid the rain is going to cause electrical damage since my fog connections are exposed. but i digress. where i am now is this: the manager is offering to fix my car and also drop off a rental car tomorrow (Monday) but he WILL NOT let me take it to my own shop. the only way i can take my car to a shop of my preference is if i go through insurance. They use Mercury insurance and I have State Farm. I will gladly go this route (although more troublesome but i'll get peace of mind with a shop i trust) but i am worried about one thing: will i be charged anything out of pocket? deductible, anything. i have a $1000 collision deductible and the manager was telling me i would probably have to pay my deductible if i go that route. he sounds wrong to me though because it was the valet's fault and i have proof it happened in their responsibility. he said he would just tell the insurance people it was a hit and run. Please help! Will i have to pay anything out of my pocket in this situation?
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12-25-2011, 04:06 PM	#2
churchillps Second Lieutenant 50 Rep 254 Posts Drives: F80 M3 Join Date: Jul 2011 Location: Texas iTrader: (0)	You should not have to pay your deductible. You clearly have 0% fault.
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12-25-2011, 04:16 PM	#3
AddictedToBavarian My other ride is a Bianchi Infinito 96 Rep 2,767 Posts Drives: Miss my E92 but love my E46 M3 Join Date: Apr 2011 Location: North Jersey iTrader: (2)	Screw him. You should not have to pay your deductible. Go through your insurance and they'll get the valet company's insurance to pay. You may have to pay your deductible, but get it back.
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12-25-2011, 04:18 PM	#4
TheBingoBalls Brigadier General 3821 Rep 4,660 Posts Drives: BMW Join Date: Mar 2011 Location: Toronto, Ontario iTrader: (1) Garage List 2018 F36 BMW 440i x ... [0.00]	I don't know how the valet works but is any car checked in with them their responsibility? If so and you have proof that the accident occurred under them, you shouldn't have to pay anything. Is it common for valet to park a car in a public lot? If so what's the point then? I would fight them on this.
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12-25-2011, 04:20 PM	#5
banky First Lieutenant 34 Rep 359 Posts Drives: 2007 335i e92 Join Date: Jul 2011 Location: Houston iTrader: (1)	so should i file the claim through their insurance first or through mine? im thinking i should talk to my body shop first and see what he recommends? if it helps, im in the state of Tx. i dont know how the laws work here but is it going to be a problem if he tells his insurance that it was a hit and run? will that increase the chances of my claim being denied?
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12-25-2011, 04:22 PM	#6
banky First Lieutenant 34 Rep 359 Posts Drives: 2007 335i e92 Join Date: Jul 2011 Location: Houston iTrader: (1)	i feel like hes threatening me with the possibility of paying my deductible and him saying it was a hit and run to the insurance.
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12-25-2011, 04:28 PM	#7
slider86 Lieutenant 31 Rep 442 Posts Drives: 2013 E92 ZCP 6MT, 2021 M2C 6MT Join Date: May 2011 Location: NYC iTrader: (3)	Keep your stub. If it has a timestamp on it then you should be golden in terms of not be responsible for your deductible. If the lot doesn't respond kindly to you, talk directly to their insurance. If that doesn't work, you'll be made whole in small claims court. As for him saying it's a hit and run - his lot has a responsibility for keeping your cars relatively safe, so that shouldn't be a valid point of argument.
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12-25-2011, 05:23 PM	#8
banky First Lieutenant 34 Rep 359 Posts Drives: 2007 335i e92 Join Date: Jul 2011 Location: Houston iTrader: (1)	thanks for all the replies so far guys. so should i file a claim with their insurance first or file with my insurance?
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12-25-2011, 06:06 PM	#9
luv135i Major 60 Rep 1,073 Posts Drives: White Join Date: Nov 2009 Location: GA iTrader: (0)	File it through theirs first and see how that goes. If they start dicking you around then file through yours. You would then have to pay your deductible but State farm would subrogate back the entire amount from Mercury including your deductible. If you dont mind the initial 1000$ you have to give up in the beginning, it would be easier to file yours and go the subrogation route.
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12-28-2011, 09:22 PM	#11
banky First Lieutenant 34 Rep 359 Posts Drives: 2007 335i e92 Join Date: Jul 2011 Location: Houston iTrader: (1)	thanks for all the replies guys. turns out their insurance isnt Mercury, but some other insurance called "Colony Insurance Company." i filed through them and just waiting now to get assigned an adjuster and claim number. if nothing happens this week i'm going to just file with my insurance, state farm, and have them subrogate. turns out my deductible would be about $250 so not too bad. lets just see what this Colony insurance company does.. ill keep you guys posted!
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