Tell me if you think I have a case? Or would I be wasting my time?:
Overview:
The top of my van hit the beams in a parking garage at the Crowne Plaza / dtown Phx. & caused about $1,500-$2,000 damage to my roof. Lot attendent was the one who sent me up there.
Parking garage (American Valet) owner says "It's not our problem"
The story:
I am a mobile DJ & was at the Crowne Plaza in D/town Phx. The mgr of the Crowne plaza told me I could park in the parking garage (at the Crowne plaza) after I unloaded my DJ equipment & he would validate it (park for free)
I pulled into the garage & up to the valet guy. I told him I was a DJ & that Mr. Smith said he would validate it. The guy said okay & for me to drive it up myself but park on the upper level.
As I pulled up to the gate, the plastic chains touched the top of my van. I said "Uh oh, forget it" He said "don't worry about it, it'll clear"
So I drove up.
Later after the gig, coming back down, as I was going down an incline the rear top of my van didn't clear one of the cement beams. Resulting in a series of long scratches & denting the top of my van & breaking the top rear brake light.
I immediately drove to the bottom & notified the attendant & had him fill out an accident report (we both got a copy)
In the report the guy wrote:
"Van drove into garage - van did not rub on the way in. Nick Smith said van would fit. It did fit on the way up, however on way down ramp parking garage beam scrapped top of van approximately 3' long and broke off rear plastic housing containing the 3rd brake light."
Also noted: customer did not leave lot before reporting damage.
This was signed & dated by that attendant.
I notified my auto insurance & they told me to contact them for their insurance company info.
I talked to the person in charge today, Michael Pendergraft (the boss) & he told me that it's my own fault & he is not paying for anything. I explained that the attendant was the one who instructed me to drive it up & it would fit.
Mr. Pendergraft said "If he told you to drive off a bridge, would you?"
I tried to explain that his company is responsible because I trusted his employees & they should've told me not to try it if it looked tight.
Again, Mr. Pendergraft said "Tough, it's not my problem!" I asked him if I needed to take him to court to settle this? He said "bring it on!"
State farm says that I can go ahead & get it fixed & they will try & go after them, but if they don't, I have to pay the $500 deductable & my insurance rates will most likely go up.
If this smart-ass (Michael Pendergast) was decent about it, I'd not be so hot. But he totally pissed me off with his attitude, which only makes me madder.
Do you think I have a case in small claims court?
Avoid American Valet Company! They refuse to take any responsiblity for their employees actions.
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