6 Speed S4 Posted August 21, 2012 Report Share Posted August 21, 2012 So a little background: I started a valet job on the weekends as a part time job a month ago. Last night (sunday) I parked about 10 cars. We are required to write our initials and parking level the car is parked on, on each ticket that goes with the keys. So last night I left at 10:15pm, there is one other valet who worked until 12am. Today around 7pm I get a text message from my boss Lori at the valet job. She says "Caleb (other valet) found damage on a vehicle we believe you parked last and need to know what happened" Me: I know I did no damage to nothing, what kind of car was it? Lori: The car hasn't moved today (I did audit last night and worked this morning) and Caleb says he didn't park it last and the damage looks fresh, it was also backed into the pallets that were at the back of the parking spot..Black lexus in sub basement. Me: Nope never drove it. Every car I parked I marked the tag with my initials like we are supposed to. Did you check the cameras? Lori: The car was parked at 6:10pm. I have it on camera. One camera shows you driving by with no damage and the other shows you exiting the garage after the park. Me: I know 100% I didnt drive that car, I want to see the video. Lori: Ok and another camera shows Caleb in the lobby at the same time. Me: whos initials are on the tag? Lori: Caleb's however the video shows otherwise. Me: I didnt drive the car, his initials are on the tag, and our hand writing is different, we also look identical (blonde hair, blue eyes, same height, same build), whyu would I lie about damaging a car? End of story. So how do I fight this legally? I asked Lori for her boss' phone number and name, she won't give it to me. So my thought is she did it, left the tag blank or Caleb did since he looks identical to me. CLIFF NOTES: I get blamed for damaging a Lexus when I never drove one yesterday. I can name each car I drove yesterday. Need legal advise on what to do next. I am definitately leaving this job, cant believe they treat people like this. I know we are responsible for damages we do, but I did no damage. Thanks in advace. She sent pics of the damage I'll get them uploaded once I figure it out. Quote Link to comment Share on other sites More sharing options...
TTQ B4U Posted August 21, 2012 Report Share Posted August 21, 2012 (edited) I know we are responsible for damages we do, but I did no damage. First, get with your insurance agent and advise them of the details and situation. If you in fact didn't drive/park the car, don't sweat that detail for now. It's less pertinant than the legal situation overall. Valet parking falls into what's deemed a bailment situation whereby the owner of the valet service (contractor or perhaps the hotel or restaurant) are responsible for exercising care of a possession that is temporarily in their care. So long as they are reputable valet organization and no one was being negligent....i.e drag racing the car, etc., the owner of the car is liable for the damages. If the owner of the Lexus pushes it, the insurance company is going to look at the Valet Business' history and business practices, including the competence of it's valets. The illness falls on the vehicle owner that the company you work for was negligent and since you work for them, the owner would go after them not you personally. What papers did you sign when you took the job? I'm looking to see if you signed something to the effect that you responsible for a deductible or damages? Check with your agent first and don't admit or talk to your employer about it any further. Contact your insurance company and let them work it out. Edited August 21, 2012 by TTQ B4U Edited to stay more focused on legal attributes of case Quote Link to comment Share on other sites More sharing options...
Flyin Miata Posted August 21, 2012 Report Share Posted August 21, 2012 IIRC, In Ohio the owners policy is in effect and covers the damage. The owner's policy follows the vehicle and in cases where they grant permission for others to drive it, it is in full effect. What papers did you sign when you took the job? I'm looking to see if you signed something to the effect that you responsible for a deductible or damages? Contact your insurance company and let them work it out. One time I rented a car from Enterprise in Hilliard, had small parking lot accident and was prepared to cover it through my insurance company. I declined Enterprises coverage and thought well it was my fault. When discussing with State Farm, they said no, in Ohio it's up to the vehicle owner not me. The process was that to get the repairs in motion and thing handled smoothly, I paid my deductible and State Farm did cover the repair in a timely fashion. However they then in turn went back to Enterprise (The owner of the car) and filed a counterclaim and not only recouped their money but my deductible. I didn't wait but a couple weeks to get my money back. Check with your agent first and don't admit or talk to your employer about it any further. Right, insurance follows the vehicle and by using a valet service you're obviously giving permission for them to drive your vehicle. If the valet company insurance won't agree to cover the full cost of repairs, then the owner can go through their own insurance who will then subrogate against the valet company after the fact. I had a case like this in New York a few weeks ago, valet parker hit my insured's vintage Porsche in a long term parking garage. I called the valet company, they said they would take care of it, and haven't heard back from my insured since. Usually in cases like this the valet company would rather pay out a few hundred bucks and settle the damage vs. drawing it out over months and months. Even more so in long term residential garages like that. Quote Link to comment Share on other sites More sharing options...
nurkvinny Posted August 21, 2012 Report Share Posted August 21, 2012 Go watch the videos. Quote Link to comment Share on other sites More sharing options...
6 Speed S4 Posted August 21, 2012 Author Report Share Posted August 21, 2012 The point is I didn't cause the damages nor drive the car, I'm being blamed for something I didn't do. I understand that if I DID cause the damages your scenarios would be correct. But I'm even before that part of it. I'm going to watch the video tomorrow of what they believe is me, but it's not. I'm trying to avoid any insurance and find out about appeals process with my company (717 Parking Management) and possibly the owner of the vehicle if I need to. Joe Quote Link to comment Share on other sites More sharing options...
unfunnyryan Posted August 21, 2012 Report Share Posted August 21, 2012 Go watch the videos. This. Admit to nothing. If they can't tell you apart, and the other persons initials are on it, that's all you need. You should be able to identify your own features better than them. Quote Link to comment Share on other sites More sharing options...
Flyin Miata Posted August 21, 2012 Report Share Posted August 21, 2012 The point is I didn't cause the damages nor drive the car, I'm being blamed for something I didn't do. I understand that if I DID cause the damages your scenarios would be correct. But I'm even before that part of it. I'm going to watch the video tomorrow of what they believe is me, but it's not. I'm trying to avoid any insurance and find out about appeals process with my company (717 Parking Management) and possibly the owner of the vehicle if I need to. Joe Sorry, I'm tired and didn't catch everything. Hopefully the camera quality is good enough to prove it wasn't you, otherwise the fact that the other employee's name on the tag seems like it would make your case pretty easy to prove unless they are trying to gang up on you or something. Quote Link to comment Share on other sites More sharing options...
TTQ B4U Posted August 21, 2012 Report Share Posted August 21, 2012 The point is I didn't cause the damages nor drive the car, I'm being blamed for something I didn't do. I understand that if I DID cause the damages your scenarios would be correct. But I'm even before that part of it. I'm going to watch the video tomorrow of what they believe is me, but it's not. I'm trying to avoid any insurance and find out about appeals process with my company (717 Parking Management) and possibly the owner of the vehicle if I need to. I understand that you are standing by the argument that it wasn't you. That's fine, but you asked for legal advice and that advice stands that whether you did or didn't, you're not personally liable pending some odd agreement you would have signed. Again, did you sign anything? Why would you want to "avoid insurance" ? Do you not have a full coverage policy of your own? Watch the video, and just remember, don't argue with them, that's not your role and that's not the place. If there's a disagreement, just stick to business and find out what they are looking to accomplish and then go do your thing, which could vary depending on the direction they want to go. Say little to nothing as it won't help your cause. It's not your obligation to prove it wasn't you, so what their opinion is doesn't matter nor does your opinion to them. Quote Link to comment Share on other sites More sharing options...
6 Speed S4 Posted August 21, 2012 Author Report Share Posted August 21, 2012 I understand that you are standing by the argument that it wasn't you. That's fine, but you asked for legal advice and that advice stands that whether you did or didn't, you're not personally liable pending some odd agreement you would have signed. Again, did you sign anything? Why would you want to "avoid insurance" ? Do you not have a full coverage policy of your own? Watch the video, and just remember, don't argue with them, that's not your role and that's not the place. If there's a disagreement, just stick to business and find out what they are looking to accomplish and then go do your thing, which could vary depending on the direction they want to go. Say little to nothing as it won't help your cause. It's not your obligation to prove it wasn't you, so what their opinion is doesn't matter nor does your opinion to them. I do have fuil coverage insurance just don't want my rates to increase for any odd reason. So if they try to say its me in the video after I watch it, what should I do? Ask for her managers name and phone number or talk to the hotel manager or someone in charge? I just don't want to do anything that could hurt in court if I really need to go that far. Thanks, Joe Quote Link to comment Share on other sites More sharing options...
6 Speed S4 Posted August 21, 2012 Author Report Share Posted August 21, 2012 This. Admit to nothing. If they can't tell you apart, and the other persons initials are on it, that's all you need. You should be able to identify your own features better than them. What she was saying tho is it doesn't matter that your initials arent on there, we have you on 4 different cameras. I can't believe they are just throwing me under the bus. It was one of the two coworkers that damaged the car for sure. I know each car I parked last night. The car in question is a Lexus IS250 or 350 which I didn't even see in the parking garage out of the 10 to 15 cars total there. I dove annblue lexus LS400 or 430 Saturday but its def. not the same Lexus. Picture has a black IS series car - 2006 and newer. Quote Link to comment Share on other sites More sharing options...
Lauren Posted August 21, 2012 Report Share Posted August 21, 2012 i would rape lori until she dropped the arguement Quote Link to comment Share on other sites More sharing options...
TTQ B4U Posted August 21, 2012 Report Share Posted August 21, 2012 I do have fuil coverage insurance just don't want my rates to increase for any odd reason. So if they try to say its me in the video after I watch it, what should I do? Ask for her managers name and phone number or talk to the hotel manager or someone in charge? I just don't want to do anything that could hurt in court if I really need to go that far. Your insurance isn't going to go up for simply inquiring. If they say it's you and you're confident that it's not then find out what their next steps would be and say thank you and ask who will be your contact on their end handling this situation. Get that persons name and thank them for their time. Probably not a bad idea to take a calm reasonable friend with you for the sake of having a witness and someone to keep everyone from talking too much. You don't need to "do" or give them anything at that point. Don't tip your hand or mention anything other than thank you and leave. Then I'd go talk to your insurance co. and see if they will handle it. Let them do the investigation and legal work. Believe me, they aren't going to just pay up any more than the valet company/hotel will. What she was saying tho is it doesn't matter that your initials arent on there, we have you on 4 different cameras. If it is you on camera, don't freak. Do they have you on camera damaging the car? If I'm you and it does turn out that they have you on 4 cameras driving that car I'm looking to see is it the exact car that was damaged? Does the video prove that? If you are shown in the car, does is show you damaging said car? IMO that's the key. Otherwise, there's no concrete proof linking you to the damage or that it wasn't someone else and thus good luck to them. Bottom line is the vehicle owner is likely coming down on them / the hotel and they in turn are coming to you. I wouldn't stress other than perhaps needing to look for a new job. Quote Link to comment Share on other sites More sharing options...
6 Speed S4 Posted August 21, 2012 Author Report Share Posted August 21, 2012 Your insurance isn't going to go up for simply inquiring. If they say it's you and you're confident that it's not then find out what their next steps would be and say thank you and ask who will be your contact on their end handling this situation. Get that persons name and thank them for their time. Probably not a bad idea to take a calm reasonable friend with you for the sake of having a witness and someone to keep everyone from talking too much. You don't need to "do" or give them anything at that point. Don't tip your hand or mention anything other than thank you and leave. Then I'd go talk to your insurance co. and see if they will handle it. Let them do the investigation and legal work. Believe me, they aren't going to just pay up any more than the valet company/hotel will. If it is you on camera, don't freak. Do they have you on camera damaging the car? If I'm you and it does turn out that they have you on 4 cameras driving that car I'm looking to see is it the exact car that was damaged? Does the video prove that? If you are shown in the car, does is show you damaging said car? IMO that's the key. Otherwise, there's no concrete proof linking you to the damage or that it wasn't someone else and thus good luck to them. Bottom line is the vehicle owner is likely coming down on them / the hotel and they in turn are coming to you. I wouldn't stress other than perhaps needing to look for a new job. I appreciate the help, I will call my insurance company. They told me they have me on camera driving the car (which they don't). They said they have me 4 different times on various cameras but they dont have me backing it up into anything so they literally have no proof. Quote Link to comment Share on other sites More sharing options...
6 Speed S4 Posted August 21, 2012 Author Report Share Posted August 21, 2012 Also I fogot to mention Lori told me she already filed the claim against me with the damages. I asked her how to I appeal the claim and she didnt say anything. She said she noted the 4 cameras when she filled it out. I was like OK cool. Cya tomorrow. Quote Link to comment Share on other sites More sharing options...
John Bruh Posted August 21, 2012 Report Share Posted August 21, 2012 Well try to see the cameras. If they do bring action against you in seeking damages, fire you, etc get with an attorney and sue them. Fuck that noise. If you didn't do it. Quote Link to comment Share on other sites More sharing options...
TTQ B4U Posted August 21, 2012 Report Share Posted August 21, 2012 Well try to see the cameras. If they do bring action against you in seeking damages, fire you, etc get with an attorney and sue them. Fuck that noise. If you didn't do it. This. And Tt a lawyer about leveraging the news media. Six on your side will most certainly be interested. B Quote Link to comment Share on other sites More sharing options...
Rustlestiltskin Posted August 21, 2012 Report Share Posted August 21, 2012 There is some shady deals going on with Lori. Better get to those cameras before they somehow erase themselves Quote Link to comment Share on other sites More sharing options...
TTQ B4U Posted August 21, 2012 Report Share Posted August 21, 2012 There is some shady deals going on with Lori. Better get to those cameras before they somehow erase themselves They can erase them if they wish, the burden of proof is on them not him. Quote Link to comment Share on other sites More sharing options...
1fast5gp Posted August 21, 2012 Report Share Posted August 21, 2012 There is some shady deals going on with Lori. Better get to those cameras before they somehow erase themselves This... Quote Link to comment Share on other sites More sharing options...
CRed05 Posted August 21, 2012 Report Share Posted August 21, 2012 They can erase them if they wish, the burden of proof is on them not him. I think he means maybe there is something on there that will prove that it WASN'T him...but innocent until proven guilty so it doesn't matter. I think the fact that Caleb signed off on the car makes it a pretty much done deal right there. Quote Link to comment Share on other sites More sharing options...
Rustlestiltskin Posted August 21, 2012 Report Share Posted August 21, 2012 I think he means maybe there is something on there that will prove that it WASN'T him...but innocent until proven guilty so it doesn't matter. I think the fact that Caleb signed off on the car makes it a pretty much done deal right there. :nod: Quote Link to comment Share on other sites More sharing options...
pontiacfreak142 Posted August 21, 2012 Report Share Posted August 21, 2012 Like most others have said, if they have no evidence of you actually hitting anything, they are sol. Also, could you see the damaged side of the car at all while they did supposedly have you on camera driving said car? I ask because ive seen people bring pre damaged cars into places before, then tried to claim the damage was done while the car was in the parking lot/ in someone elses possesion. Quote Link to comment Share on other sites More sharing options...
6 Speed S4 Posted August 21, 2012 Author Report Share Posted August 21, 2012 Like most others have said, if they have no evidence of you actually hitting anything, they are sol. Also, could you see the damaged side of the car at all while they did supposedly have you on camera driving said car? I ask because ive seen people bring pre damaged cars into places before, then tried to claim the damage was done while the car was in the parking lot/ in someone elses possesion. BINGO. I went down there to check out the footage. They showed me what they thought was a lexus in the video which was actually a Ford Fusion I drove and parked. We watched the footage after I left at 10:20PM. Caleb worked till 12am. The lexus was pulled in at 11:52PM and the damage was on it already. I bitched her out so bad, I was like see what the fuck I told you it was not me. She then apologized like 50 times and she said the guy who owns the car said we caused the damages when it was already on the car. She faxerd over an addenum to the claim stating to cancel it. I just walked on out and went home since I had to take a LONG lunch just to take care of this crap. Quote Link to comment Share on other sites More sharing options...
bmwohio Posted August 21, 2012 Report Share Posted August 21, 2012 http://s3.amazonaws.com/ragefaces/7c5b930e2a57df597acf02f4bea0e252.png Quote Link to comment Share on other sites More sharing options...
TTQ B4U Posted August 21, 2012 Report Share Posted August 21, 2012 she owes you a steak and a bj. Quote Link to comment Share on other sites More sharing options...
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