What to do if my car’s window was smashed in a motel parking lot?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my car’s window was smashed in a motel parking lot?
My car was parked right in the front of the motel’s front door. The next day, after I checked out, I found my car’s window was smashed by someone. I asked the hotel to call the police, however I was told that it happened that morning about 6 am. I asked, “Why didn’t you call me – you have my room number, my car’s license plate number and my cell phone number; now it’s 10 am”. Finally I sent the car to the dealer; it took 7 hours to fix. I was lucky since they found the window glass, otherwise I would have needed to stay in the hotel one more night. After I got home, I sent an email to the hotel, asking that it pay me back $500 for the window repair but they never gave me any answer or reply. Can I sue the hotel?
Asked on November 26, 2013 under Accident Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If the hotel had a sign posted in the parking lot that it is not responsible for damage to cars, etc., then you probably won't prevail in a lawsuit because you assumed the risk by parking there.
If there isn't such a sign, you could sue the hotel for negligence. Prior to filing a lawsuit, it would be advisable to contact the hotel's insurance carrier to try to settle the case. If the case is settled with the hotel's insurance carrier, NO lawsuit is filed.
If the case is NOT settled with the hotel's insurance carrier, you can sue the hotel for negligence which is the failure to exercise due care (that degree of care that a reasonable hotel would have exercised under the same or similar circumstances to prevent foreseeable harm). Your damages (the amount of compensation you are sseking to recover in your lawsuit) would be the cost of repairs to your car.
You may be able to file your lawsuit in Small Claims Court; however, if you are a resident of another state, there may be some jurisdictional problems with filing in Small Claims Court as the laws vary from state to state. If that is the case, you will need to file your lawsuit in a higher court.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.