Can You Sue a Valet Driver if They Run You Over with Your Own Car?

valet driver-accident-own-car

It may sound like one of the comic situations ever, but it does happen. It doesn’t happen as often today with many valets closed due to COVID but there are still some in operation. The job of a valet driver is to bring your car from the garage. They typically bring the car slowly to the front of the building and come to a full stop before they get out to let you in. Atlanta personal injury lawyers have talked to clients who have been run over by their very own car.

How Could Something Like This Happen?

What happens is the valet driver either comes around the bend too fast or doesn’t slow down quickly enough. Other times, the driver simply doesn’t realize the car is yours and drives right past you as you’re approaching the vehicle. The good news is that the car isn’t going fast at the time of the crash. If you’re hurt, it shouldn’t involve any serious injuries. The hard part is figuring out who is responsible. Once you’ve done that, you need to figure out how to get paid. The good news is that your Atlanta personal injury lawyer is there to help. They can help figure out who you want to sue if you want to sue at all. They can also help find out what happens if the claim has to be filed against your own policy. It’s really no different from any other accident. Your Atlanta personal injury lawyer needs to determine a few things:

  • Is the claim worth pursuing? Obviously, you aren’t going to hire a lawyer or take legal action for a few hundred dollars in damage. But if the damage is significant, your Atlanta personal injury lawyer may need to take action on your behalf.
  • Whose insurance policy do you have to file a claim against? Because the valet driver had permission to drive your car, the claim will be filed against your own policy. If the claim is denied or it doesn’t cover all of your damages, then you’ll have another issue.
  • If your claim isn’t paid by insurance, things can get tricky.

Your Atlanta Personal Injury Lawyer May Need to File Suit Against the Driver

There’s always the chance that your auto insurance policy won’t pay your claim for a valet driver accident. If that’s the case, you may need to file suit. Of course, you aren’t going to be pursuing the valet driver himself. Your Atlanta personal injury lawyer will pursue the valet and the company they work for. There is a good chance that these damages will be paid. The negative press for something like this would be terrible for the hotel.

The odds of the driver being personally sued are low. Because the accident happened while he was on the job, the hotel or restaurant would be vicariously responsible for his actions. If, however, he behaved in some reckless manner, he may be personally liable for damages. Just keep in mind, the odds of a valet driver having significant assets are low.

What Kind of Damages Can Your Atlanta Personal Injury Lawyer Demand?

If you’re seriously injured in the accident, you may be entitled to significant damages. Depending on your situation, you may be entitled to some or all the following:

  • Medical bills – The defendant must be held responsible any medical care. This includes any future care you may need. In addition, they would have to reimburse your primary healthcare company if they paid for any of your care.
  • Property Damage – If your car was damaged in the accident, the other driver must pay to have your vehicle repaired or replaced.
  • Lost Wages – If you missed time from work as a result of the accident, you could demand compensation. The same is true for any wages you may lose in the future due to your injuries.
  • Pain and suffering – If your injuries were serious, you may be entitled to pain and suffering, These damages are meant to compensate you for any mental and physical anguish.

If You Get Injured at the Valet Call and Talk to One of Our Experienced Atlanta Personal Injury Lawyer

If you’re hurt in any sort of motor vehicle accident, you need our help. Just call and talk to an experienced Atlanta personal injury lawyer. Let someone who has years of experience handling cases just like yours. Call and schedule your free, initial consultation today.

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