Damge to my car at Palozo Casino, Las Vegas and I want to know how to pursue
Las Vegas, NV |
my car was damaged on the right rear door by a post that extended out from the paveway---it is not covered by my current insurance and I am on a fixed income. I would prefer ADR rather than any court time
If you were the driver I don't think the casino will pay and I don't think you are likely to win in small claims court. However, I believe small claims court is your only remedy. Sorry not to have a more optimistic view.
If you get an estimate of repair and its under 7,500, I think small claims may be the best resolution. You first need to send a certified letter requesting payment (that is were the estimate comes into play) and then wait 10 days or so. If not response, then you can file small claims. There are waivers of filing fees for people who cannot afford to pay the fees. No attorney is needed. You do have to show that the Palazo had a duty to keep the area safe and they failed and thus you now have damages to your car. Good LUck.
The answer above is only based upon the limited information provided. The answer is limited and my review is likewise limited, and thus the response is not intended to be acted upon as legal advice. Although licensed in numerous states, I am currently only licensed to practice law in the state of Nevada. No attorney-client relationship is formed until you sign an attorney-client agreement with my office. Any information provided is for discussion purposes only and there is no attorney-client relationship formed. Only general legal information is provided. Each case is unique and accurate legal advise would require review of all details and documents for each specific case. It is possible that the comments here, while meant to be helpful, may in some cases not be complete or accurate.
You would have the burden of proving the damage was caused by the valet, that they had a duty to use reasonable care, that the damage was the result of failure to use reasonable care, and what the damage cost you to have repaired.
They will defend by saying there is no proof the damage wasn't already there, no proof they cause the damage, no proof they had any obligation of care, and so forth. If you're lucky, they may attempt to assert an illegal and unenforceable "waiver" or release of liability, often printed in small font on the back of a claim check. In many states, this will allow you to collect for triple damage and lawyers' fees because it is an "unfair and deceptive business practice" to assert an unenforceable waiver.
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