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Old 04-14-2013, 09:38 AM
cravin cravin is offline
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Join Date: Jul 2011
Location: Westchester, NY
Posts: 257
cravin is on a distinguished road
Well, attorney sent letter to the parking company, and received immediate reply. The company "miraculously" doesn't have any video of the incident, so we cannot subpoena evidence that they don't have since they only retain video for 72 hours.

Attorney called me and just told me to file insurance claim. I could still obviously sue, but because the company is located in NYC, I would have to go to NYC small claims court. With lack of evidence, and the fact that they have disclaimer on back of the ticket eliminating liability after one leaves the premises, he told me I'd be fighting an uphill battle. I also don't feel like driving around with a dented car for months while this plays out, so I went the easy way and opened a claim with Geico. And of course, Ard is right again. The claim is collision, not comp. In NY, when you give your car to the valet, you are legally passing driving privilege to the valet, so for insurance purposes, it's like I was behind the wheel.

Oh well, already have the appt set with the Geico adjuster for tomorrow afternoon and then will go to Crystal Clear and be out of a car for a week.

Surprised that now even Geico quotes you law that in NY, you have the right to choose any professional you wish. They can no longer press you into going to theirs and having to use them for the repairs.
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