Question of the Day - 21 December 2019

That QoD prompted several questions such as this one. We also received a number of comments, both posted publicly and sent privately, arguing that the casino or valet parking company (when the casino subcontracts out its valet services) is liable for damages to cars in its possession, no matter what it says to the contrary on signs in the valet area and right on the valet receipt. 

We don't know the details of casino/valet company insurance policies, but we can make an educated assumption that they're extensive and cover just about every contingency that lawyers, accountants, auditors, safety engineers, operations managers, risk mitigators, and, most of all, the insurance companies themselves can dream up out of their collective and feverish imaginations, paranoia, and profit motives. Casinos are sued regularly over all kinds of issues, so it would be foolhardy for even the smallest of them not to have the backstop that insurance provides. 

All that said, we'd argue that insurance isn't the point when it comes to valet parking. The point here is wiggle room, weasel routines, disappearing acts, and outright opposition, all of which are tricks they pull out of their hats to avoid admitting liability and paying out for damages. 

Oh sure, in the most egregious instances of damage to cars, a casino ostensibly can't stonewall, stall, deny, litigate, or otherwise try to worm its way out of taking responsibility -- and that's when the insurance company gets involved.

There's a funny story in Eyes in the Sky, a first-hand Las Vegas history book published recently that we've mentioned a few times recently. The morning after a big party in Elvis' penthouse suite at the top of the Las Vegas Hilton, bosses discovered a Cadillac in the parking lot crushed by a sandbag. The hood was caved in, the front end had toppled forward, the rear wheels were off the ground, and the engine was scraping the pavement. It turned out that a couple of drunks had tossed the sandbag off the roof of the Hilton during the party. 

The bosses manufactured a story about a construction accident for the benefit of the local press and bought the owner a new Cadillac. The real story remained hush-hush, with Elvis' name kept completely out of it. Then as now, what happened in Vegas didn't travel far.

No doubt the insurance company had a hand in paying for that new Cadillac. But as we said, that's in the least deniable circumstances. There was simply no way the Hilton could make that situation evaporate. But what about minor scrapes and dents, or even noticeable damage, to a car delivered by a valet parker?

First of all, how many of you inspect your vehicle closely when it's returned by a valet attendant? Be honest. Assuming you don't (and you just toss the guy a few bucks and are on your way), what if you notice damage later? The casino has all kinds of plausible deniability. Even if you do notice it in the valet area, can you prove that the car wasn't damaged when you dropped it off? 

This writer had an experience at valet parking at the old Lady Luck (now Downtown Grand): The valet attendant returned the car with a flat tire. If that's not noticeable, nothing is. He immediately disappeared; he didn't even wait around for a tip.

Now what? The valet supervisor "wasn't available." The bell supervisor said, "Talk to the valet supervisor." The general manager said, "Fill out an accident report." The valets just stared off into the distance, until one said, "Look, you need to move that car." 

Oh yeah? How?

A few minutes later, the car was up on a jack in the porte cochere area when security stormed out, in force. Think they cared about any claim that the valet delivered it undriveable? Think again. Instead, they demanded that the car be dropped immediately and driven off the property on the rim. Etc. etc. 

Legalese, liability, insurance, and even common decency are all well and good, but in the real world, it often takes a big fight -- meaning a lot of time, money, aggravation, and a major commitment to seeing justice served -- to sue casino, valet, and/or insurance companies over damages.

Okay. We're stepping down off our soapbox. Let's hear what you all have to say.