Warning about valet parking!

[bicker]

On the other hand, what if the valet mows down a family of four?

I don't believe the renter needs to worry about that at all.

 

[Boston5602]

I heard Disney paid all Car rental companies to put the language in , forcing everyone to use DME !!
<G>

I never rent a car , but thanks for these post . It's something to keep in ,mind if I ever do rent a car.


Thanks

 

[mamatojon]

I thought I'd update anyone waiting for the reply from National - there isn't one. I'm peeved, I've emailed twice, also I've called only to be rerouted to people who haven't a clue in the world. Blech. My husband thinks no one wants to answer me because they are just trying to pass something off under the radar without actually informing anyone. I think we should get some consumer advocate in on this - I can't remember the guy's name but he writes in the Costco magazine... I bet he'd get an answer.

 

[mamatojon]

I just got a response from National ten minutes ago, here is the text:

Dear Mr. XXXXXX,

Thank you for your email.

Unfortunately, valets would not be considered authorized drivers on your
rental; I apologize for the inconvenience.

If we can be of further assistance, please feel free to email us or contact
our reservations department at 1-800-CAR-RENT (1-800-227-7368). For
customers outside the U.S. and Canada, please dial +1-801-533-4442.

Regards,

Fred
Internet Response
National Car Rental

MG, I would guess that Alamo is the same since it is the same company.

 

[Uncleromulus]

So now I'm wondering what the bottom line is here--or if there is one.

 

[bicker]

I think that letter makes the bottom-line very clear. If a valet damages a rental car, the rental car company can make you personally responsible for the damages, including the extra losses they incur for having the car out of service for a time. You can then try to sue the valet's employer, and if successful, you'll probably recover a substantial amount of the normal damages assessed, but you almost surely won't recover the extra losses incurred. That amount you'll have to pay out-of-pocket from your own savings.

 

[Uncleromulus]

In addition to what you have to pay a lawyer to sue in the first place!!
Not good.
This post opened my eyes a bit--like the OP I never even gave this a thought.

 

[mamatojon]

Yes, I think that is the bottom line too. Here is a second response I've gotten directly from Emerald Club, probably in response to my second email. She even goes so far as to state the consequences:


Dear Mr. XXXXX,

Thank you for your email. I apologize for the delay in our response.

A valet driver is not an authorized driver of your rental vehicle. If something were to happen to that vehicle while the valet was behind the wheel you would be held responsible.

If you have any further questions or concerns please feel free to contact us.

Sincerely,
Rachel
Emerald Club Member Services
National Car Rental


So I think you need to look at it as the same as letting anyone else unauthorized drive your rental: you'd be in violation of the rental agreement, you'd be liable for all of the damages, and likely your private insurance wouldn't cover it due to you being out of contract.

So many people use valet services - this really needs to be made explicitly aware to all who rent cars.

 

[jodifla]

I can't imagine that this will make the valet companies very happy. This could cause a substantial loss of business if just one incident was publicized.

Anyone have an actual incident, or are we getting all worked up for nothing?

 

[CarolMN]

To me, it's just one more reason that the BWV should reserve some portion of the parking lot for guests actually staying at either the BWI or the BWV. When I have complained, the standard response is that valet parking is free!

mamatojon - Thanks for sharing National's response with us. I find it especially relevant because Alamo/National are the "official" car rental agencies of WDW. How funny is that?

Best wishes -

 

[Maistre Gracey]

mamatojon, I would also like to thank you for your leg work on this issue.

I think we may be focusing too much on the insurance aspect of this. The valet is no longer an "authorized" driver. I think this thread is misinterpreting this, and looking at the valet as no longer a "covered" driver (which they never were).

If we rent a car and waive the LDW coverage, we are ALWAYS responsible for damage to the car. That being said, there must be a reason besides the insurance aspect for having unauthorized drivers. Is it the registration, and is it illegal?

If it were only the insurance aspect I would risk that in the unlikely event of an accident that Disney would step up to the plate, but if it's a legality issue I'm not so sure.

MG

 

[jodifla]

mamatojon, I would also like to thank you for your leg work on this issue.

I think we may be focusing too much on the insurance aspect of this. The valet is no longer an "authorized" driver. I think this thread is misinterpreting this, and looking at the valet as no longer a "covered" driver (which they never were).

If we rent a car and waive the LDW coverage, we are ALWAYS responsible for damage to the car. That being said, there must be a reason besides the insurance aspect for having unauthorized drivers. Is it the registration, and is it illegal?

If it were only the insurance aspect I would risk that in the unlikely event of an accident that Disney would step up to the plate, but if it's a legality issue I'm not so sure.

MG

Our personal car insurance covers anyone we authorize to use the car. So if we're relying on our own insurance, it seems that would kick into affect.

 

[mamatojon]

mamatojon, I would also like to thank you for your leg work on this issue.

mamatojon - Thanks for sharing National's response with us. I find it especially relevant because Alamo/National are the "official" car rental agencies of WDW. How funny is that?

Well, you are very welcome, it is important information to have. CarolMN, my husband has decided we're using magical express next trip now - LOL, so Disney is getting a more captive audience out of us. He doesn't mind parking at SSR, but at VWL he doesn't want to deal with it.

I think we may be focusing too much on the insurance aspect of this. The valet is no longer an "authorized" driver. I think this thread is misinterpreting this, and looking at the valet as no longer a "covered" driver (which they never were).

If we rent a car and waive the LDW coverage, we are ALWAYS responsible for damage to the car. That being said, there must be a reason besides the insurance aspect for having unauthorized drivers. Is it the registration, and is it illegal?

If it were only the insurance aspect I would risk that in the unlikely event of an accident that Disney would step up to the plate, but if it's a legality issue I'm not so sure.

MG

Exactly, it is like your scenario where the valet mows down a family of four - what if they hit a toddler in the parking lot while backing up? Insurance-wise, if they were considered an authorized driver, at least your liablility insurance would kick in and pay damages as they would if you were the one driving. Now that they are not, your insurance company (as well as any LDW that the car company sells you) just says "nope, not our problem - you must be keep to the rental agreement for us to pay" - that could get considerably costly and problematic. I'm not so concerned about something happening to the vehicle, it would be a hardship but wouldn't devastate me financially - I'm concerned about my liablility in a personal injury lawsuit. I could lose my home over that.

 

[Sammie]

I can't imagine that this will make the valet companies very happy. This could cause a substantial loss of business if just one incident was publicized.

Anyone have an actual incident, or are we getting all worked up for nothing?

Not a valet incident but an unauthorized driver incident where a friend who had rented a car allowed someone not authorized to drive it and they had an accident. His insurance would not cover it also. He paid out of pocket. Luckily there were no injuries only car damage.

 

[DonnaL]

My son was involved in an auto accident several years ago in which the driver who hit him was driving a rental vehicle and was not an authorized driver of that vehicle. The rental company and the other driver's personal insurance company told our insurance company neither would cover the damages to my son's vehicle because the person was not authorized to be driving the vehicle in the first place. We ended up paying our deductible and using our comprehensive in order to expedite repair of the vehicle while our insurance company fought it out with the other two. After about 18 months we got a notice from our insurance company stating they had dropped the case basically because they couldn't force the other two companies to pay since that person really was in violation of both companies policies. The insurance company left it up to us if we wished to proceed with any action against the other driver. Since our son was not injured in the accident and our only expense up to that point had been the $250 deductible (our insurance did not go up since the police report documented the accident was not our son's fault)
we chose to drop it since it would be pointless to pay legal fees, etc. So, I do believe the rental companies do follow through with this policy. I have no idea how they handled the damages to their rental vehicle, but, my guess would be they went after the unauthorized driver or the person who actually rented the car (I believe it was his girlfriend) since his personal insurance had refused payment for our damages I'm quite sure they also wouldn't pay the damages on the rental vehicle.

 

[bicker]

I'm not so concerned about something happening to the vehicle, it would be a hardship but wouldn't devastate me financially - I'm concerned about my liablility in a personal injury lawsuit. I could lose my home over that.

You are never liable for the personal injury liability anyone else incurs while they are driving. In such cases, where a valet hurt someone, that someone would have always sued the valet personally (and the valet's employer) and never would have come after the rental car company or renter.

 

[mmmcq]

From Hertz Gold Member contract language....

2. WHO MAY OPERATE THE CAR

Only You and, with Your permission, the following persons, provided that they meet the qualifications set forth in the following sentence (“Authorized Operators”), may operate the Car: Your spouse, Your domestic partner (if You are not married), Your employer, employees and fellow employees incidental to their business duties, and any other person who meets Hertz’ qualifications and who signs an Additional Authorized Operator form at the time of rental.

Except as provided in the following sentence, all Authorized Operators must be at least 25 years old and have a valid driver’s license from a jurisdiction acceptable to Hertz. For rentals which commence in Michigan, persons between the ages of 18 and 24 who meet Hertz’ other qualifications and who sign an Additional Authorized Operator form at the time of rental may be Authorized Operators; in such cases, an Underage Differential Charge will be assessed.

Except to the extent necessary for valet parking or in an emergency as permitted by law, no other persons are permitted to operate the Car; for purposes hereof, an “emergency” shall mean urgent circumstances which, under the laws of the jurisdiction in which the alleged emergency occurred, would justify the operation of an automobile by an unlicensed driver. With respect to persons who must sign an Additional Authorized Operator form, other qualifications may, at Hertz’ discretion, be in effect at the time and place of rental; and, where permitted by law, Hertz may impose an additional fee for such persons. A “domestic partner” is an unmarried partner of the same or opposite sex who is not Your parent, grandparent, sibling, child, grandchild, uncle, aunt, niece or nephew (in each case by blood or adoption), who permanently resides at t he same address as You, and whose driver’s license shows the same residence address as Your driver’s license. By operating the Car (whether or not an Additional Authorized Operator form is completed), an Authorized Operator will be deemed jointly and severally responsible for Your obligations under this Agreement related to the Car, as well as for any obligations that this Agreement directly imposes on an Authorized Operator of the Car (for example: the obligations contained in paragraphs 9 and 10(e)).


This would seem to INCLUDE valet parkers as covered.

 

[Uncleromulus]

Wondering if the "Gold member" contract is the same as an "ordinary renters" contract?? Would assume so--

 

[bicker]

I wouldn't make such an assumption -- trust, but verify.

Beyond that, this was a relatively recent change for National, so we might see the others follow-suit in the months to come. Remember, the rules that apply are the ones in effect at the time you pick-up your car, not the rules that were in effect at the time of your reservation.

 

[Nanajo1]

I foresee a change in valet parking. You drive to the front door, drop off your passengers. An attendant in a golf cart follows you to the parking space. You park your car and the attendant drives you back to the entrance. On your departure you get driven to your car.