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Question of the Day - 28 August 2005

Q:
If something happens to my rental car while in valet parking, am I liable for the damages, since the valet is not technically an authorized driver? Or will the casino/hotel assume responsibility?
A:

We attempted to research this question at a number of different casinos but had trouble getting through to anyone who could answer it, until we called Bally's. The helpful Bally’s valet manager explained the procedure that takes place at his property.

If your car is involved in some kind of accident or incurs damage while in the custody of valet, Bally’s security department is contacted to investigate and make a report. Like the rest of the property, the parking garages are equipped with cameras, so with luck the incident will have been recorded. If another guest was responsible for the damage, that person is liable. If, however, the valet parker admits that the accident was his or her fault, or if security's investigation deems this to be the case, then Bally's assumes liability. You then take the incident report to the rental company, enabling it to deal direct with the casino claims department.

We then spoke to another helpful person at Caesars Palace, who shed some interesting additional light on things. Apparently, if you look carefully at the valet ticket you're handed at most properties around town, you’ll see a legal disclaimer stating that you not only agree to waive all your rights, but also to absolve the property of any liability should your vehicle be damaged or stolen while in its custody, whether by accident, through negligence, or any other reason. We were assured that this is pretty much standard policy all over town, but how it works in practice is less standardized. The fellow we spoke with informed us that in the 3-plus years that he's been working there, Caesars has accepted liability in every case where its employees were found to be at fault, even though the casino has no legal obligation to do so. Other properties are less generous, however: Our Caesars contact informed us that he had his motorbike stolen from a different property's parking garage and they wouldn't even give him a ride to a rental company, let alone accept any responsibility.

Finally, we double-checked with a couple of Las Vegas car-rental companies, which confirmed that, in the absence of Loss Damage waiver coverage, the renter is liable for any damage incurred while the car is in his or her possession, unless the valet takes responsibility, in which case you're off the hook and the property where the incident occurs assumes liability. While technically you're not supposed to valet a rented vehicle, according to some rental agreements, since the valet attendant is an unauthorized third party, as long as either the valet or you takes responsibility, you won’t be in any additional trouble for violating the agreement should an accident occur.

Budget went so far as to say that you are permitted to valet its cars and that they also permit certain other third parties, such as a spouse, or colleagues if it's a company rental, to drive, even if unnamed on the rental agreement. They made the point, however, that according to state laws, in Las Vegas the renter is always ultimately legally responsible for the vehicle and that, while the car is rented to you, you should consider it your car, and look upon your responsibilities and liabilities accordingly.

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