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  1. #1

    Default Valet Parking Accident

    This gets a little complicated so please bear with me, I was working for a valet company and had an accident. The owner of the vehicle is coming after me personally for the damages and not the company. The complicated part is that the company i was working for got sold days before this incident occured and was taken over by the new company. I never signed any forms saying i would be personally liable for damages for the new company, and to the best of my knowledge for the old company either. To my knowledge i should not be liable for these damages but i have just received a suppoena to go to court. Any help would be greatly appreciated

  2. #2
    Join Date
    Jan 2006
    Posts
    38,163

    Default Re: Valet Parking Accident

    so...


    what happened?

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Valet Parking Accident

    Yes, the vehicle owner could sue either or both. It does though make much more sense to sue the employer as the employer should have insurance to cover this sort of a situation.

    If you are sued, you get a summons and complaint. You generally have 20 days to file an answer to the complaint. If you only get a subpoena, you are a witness, not a defendant.

    For whatever reason the owner is not suing the employer.

    HOWEVER, you can file a cross complaint against the employer and bring the employer into the case yourself and thus make them a defendant. Then the owner has no real choice but to sue the employer too, in effect. As a defendant, you can then do discovery and get their insurance policy, etc. You also have a defense argument that you never were notified or agreed that you would be personally liable for vehicle damages. You might be able to shift some or all of the damages liability to the employer.

    If there was something mechanically wrong with the car that contribued to the accident, that should be part of your answer and defense. Also you need to do discovery and see if the owners insurance paid for the damages. They can NOT sue you if that is the case. Make sure they didn't get a check and then fail to fix the car. Their action would be barred if the insurance company paid them. Only their insurance company could sue you and I doubt that would happen. Check the statute of limitations too.

    You will need to research case law on the liability issue if you can't afford to hire an attorney.

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