The Shoulder
The Shoulder
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Insurancemellow-heron-637

Parking lot attendant wrecked my car and now MY insurance is calling it my fault??

I'm so frustrated I don't even know where to start.

Last month I dropped my car off with a paid parking attendant at a downtown garage — the kind where they take your keys and move the car around to fit more vehicles in. Standard deal, I've used places like this a hundred times.

While I was at dinner literally two blocks away, the attendant sideswiped another vehicle pulling out of a tight spot. There's garage camera footage showing the whole thing. The attendant's employer even sent me a written apology acknowledging their employee was driving when it happened.

Here's where it gets insane. I filed a claim with my own insurance just to get the ball rolling on repairs (the garage's insurer kept stalling). Now my carrier is:

  • Flagging me as at-fault on the claim
  • Demanding I cover my full collision deductible up front
  • Saying they might pursue subrogation against the garage company but won't give me any kind of timeline or guarantee
  • Refusing to say whether the at-fault mark gets removed even if they win 100% back

Their whole argument seems to be that because I voluntarily handed over my keys, I gave the attendant "permission" to drive it, and therefore any damage falls on me under my collision coverage.

But... I paid a company to park my car safely? That's their whole job? How is that my fault in any meaningful sense?

I haven't signed anything with the garage or their insurer yet. The garage ticket had some fine print about "not responsible for damage" but I don't know if that even holds up.

Has anyone dealt with something like this? Am I just stuck paying my deductible and hoping subrogation works out someday? Or is there a better path here?

14replies

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14 replies

  • 16
    spry-newt-948

    Almost exact same thing happened to me at a hotel valet a couple years ago. My insurer pulled the same "permissive use" line. What eventually helped me was going directly after the garage company through their commercial liability policy, not just their auto policy. Their liability carrier was way more cooperative once I made clear I had the camera footage and a written acknowledgment. Don't let your own insurer be your only path forward here.

    • 4
      hopeful-driver582

      Thanks for sharing. Hope things are getting a little easier for you.

  • 21
    tidy-hare-306

    Your adjuster is doing exactly what adjusters are trained to do — find the fastest way to close the claim on their terms. "We'll pursue subrogation" is something they say to make you feel like it'll get sorted out. In reality, subrogation can drag on for a year or more, and plenty of people never see that deductible come back. Do NOT assume your insurer's interests align with yours here. They really don't.

    • 2
      patient-survivor856

      That lines up with what my adjuster told me too.

  • 10
    clever-otter-855

    I used to work claims and I'll be real with you: the at-fault designation in a situation like this is often more about how the claim gets coded in the system than any true moral or legal finding of fault. That said, it can still affect your rates, which is why you need to push back in writing — formally dispute the at-fault designation and ask them to document their reasoning. A written dispute creates a paper trail that matters later. Also, check whether your state has any regulations about how insurers handle subrogation recoveries — some states actually require them to reimburse your deductible first before keeping anything.

  • 23
    humble-otter-686

    A couple of things worth knowing: first, that fine print on the parking ticket claiming they're "not responsible for damage" is not automatically enforceable — courts in a lot of states have found those exculpatory clauses invalid when a business is being paid to provide a service involving your property. Second, the garage company likely has a general liability or garage keeper's liability policy specifically designed for exactly this situation. That's a separate avenue from your own collision coverage. I'm not giving legal advice, just saying there are more levers here than your insurer is letting on.

  • 20
    humble-vole-835

    Not legal advice, but this fact pattern — paid commercial bailment, camera evidence, written acknowledgment of fault — is actually pretty strong from a liability standpoint. When you hand your keys to a business that's being compensated to care for your vehicle, a legal relationship called a "bailment for hire" is typically created, and the business has a duty of care. The disclaimer on the ticket may or may not override that depending on your state. Worth at least a free consultation with a PI attorney before you sign anything or accept any settlement. Many will look at something like this quickly.

  • 8
    quiet-tern-467

    Were you or anyone else injured when this happened, even minor stuff? Sometimes the stress and frustration of dealing with this kind of thing masks physical symptoms people brush off. Just flagging it — if there was any jolt or impact involved for you at all, don't ignore it.

    • 4
      mellow-road-soul342

      Adding this: keep copies of every email. It mattered for me.

  • 5
    patient-bison-180

    Three things: (1) Stop communicating with the garage's insurer by phone only — everything in writing from here out. (2) Get a copy of that camera footage officially preserved before the garage has any reason to let it get overwritten. (3) Don't pay your deductible and just walk away quietly — that's what they're hoping you'll do.

    • 11
      brave-marmot-827

      The fact that you have camera footage AND a written apology from the employer is honestly a really strong position to be in compared to a lot of people who post here. A lot of disputes come down to "he said / she said" with nothing documented. You have receipts. Use them.

  • 13
    bold-kestrel-982

    Genuine question — did you actually read the full terms on that parking ticket before you handed your keys over? And was this a legit licensed parking operation or more of an informal setup? Not saying you're wrong, just that the details of what you agreed to when you pulled in could matter a lot here.

    • 1
      kind-survivor862

      How long did it end up taking in your case?

  • 20
    keen-grouse-471

    This is so unfair and I'm genuinely angry on your behalf reading this. You did everything right — used a legitimate service, didn't cause anything — and now you're the one being penalized. Please don't just accept what your insurance company is telling you as the final word. Keep pushing.