When drivers hand their keys to a valet, they expect their vehicle to be returned in the same condition. Unfortunately, some cars are damaged while under valet care, leaving owners with costly repairs and questions about liability. Determining who is responsible and whether legal action is possible depends on the circumstances of the incident and the available evidence.

What Is Valet Liability?

“Valet liability” refers to the legal responsibility a valet service or parking company has when a vehicle in their care is damaged. When a driver gives their car to a valet, it creates a temporary relationship known as a “bailment,” where the valet is obligated to take reasonable care of the vehicle. If the valet fails to meet this obligation and the car is damaged as a result, the company may be held liable for repair costs and other related losses.

What Types of Damage Can Occur While a Vehicle Is With a Valet?

Common examples include scratches, dents, cracked windshields, or more serious car accidents caused by careless driving. Theft of personal items inside the vehicle or the car itself can also occur if the valet fails to safeguard the property appropriately.

How Can I Prove That a Valet Was Responsible for the Damage?

That requires showing that the vehicle was in good condition before it was handed over and that harm occurred while it was under the valet’s control. Photographs, time-stamped receipts, and witness statements can help establish the car’s condition and timeline. Most valet services have surveillance cameras that may capture relevant footage, and that evidence can strengthen a potential claim.

Can the Valet Company Avoid Responsibility?

A valet company may attempt to deny liability by arguing that the damage was pre-existing or occurred after the vehicle was returned. They may also point to disclaimers on valet tickets stating they are not responsible for certain types of damage. However, such disclaimers do not always protect a business if it can be shown that the damage resulted from negligence. Courts generally hold companies accountable when they fail to act with reasonable care.

Does Insurance Cover Damage Caused by a Valet?

That depends on the type of insurance policy and who was at fault. “Comprehensive” or “collision” coverage under the owner’s auto insurance may apply, particularly if the valet company disputes liability. Some valet companies carry “garage liability insurance” that covers damage caused by their employees. We recommend reporting the incident promptly to the valet company and your insurer to document the event and preserve options for recovery.

What Should Be Done Immediately After Discovering the Damage?

Upon discovering any damage, notify the valet manager before leaving the premises. Then, take clear photographs of the damage and the parking area to create a record. Collecting names of employees or witnesses who observed the event is also important. A written report should be requested from the company, as documentation will be valuable if a claim or lawsuit becomes necessary.

Can a Valet Employee Be Personally Liable?

In most situations, liability rests with the valet company rather than the individual employee, as the company is typically responsible for the actions of its workers when they are performing job duties. However, if an employee intentionally damages or steals a vehicle, you may have the option of suing both the company and the individual.  

Can a Valet Damage Case Go to Court?

While many cases are resolved through negotiation with the valet company or their insurer, some disputes may require court involvement. If the company denies responsibility or refuses to pay fair compensation, a lawsuit may be necessary to recover damages. Litigation can help establish liability through testimony, documentation, and expert analysis of the vehicle damage.

Our Experienced South Jersey Car Accident Lawyers at Kitrick, McWeeney & Wells, LLC Can Pursue the Compensation You Deserve

You might be entitled to compensation if a valet damaged your vehicle. To learn more, contact our South Jersey car accident lawyers at Kitrick, McWeeney & Wells, LLC. For a free consultation, call today at 732-920-8383 or contact us online. With office locations in Manasquan and Brick, New Jersey, we proudly serve clients throughout the state.