We retrieved a claim ticket from the valet. When we came back to get the car, it was nowhere to be found. We later found security footage of my car being stolen, which has been viewed and documented in police report. Going through claims process back and forth, they are coming back to us with under 5k for having a $80,000 car stolen and then wrecked/totaled by the person who stole it (ironically a native american woman). I'm annoyed, and I want to sue. What are my chances and how do i go about it. Here's an article to support my case:
http://www.reviewjournal.com/news/crime-courts/court-says-man-can-sue-over-car-stolen-valet-parking
Yes you can sue. Contact a litigation lawyer to help you with your claim. The other option is to have the repairs by your insurance company and let them subrogate against the Casino. It seems to me this would be your best option.
Yes you can sue but also report this to your insurance company. Your chances of winning depend on a number of factors. You should discuss this with an experienced local lawyer.
You don't want to undertake this by yourself. The question of liability for the theft is tricky enough; trying to figure out how it plays with the tribe's sovereign immunity from civil liability and the limitations of that liability imposed by its gaming compact with the state are going to present serious and complicated legal questions.
Your best bet is to turn the matter over to your insurance company and let them deal with it. If you really want to pursue it on your own, be prepared to hire a lawyer and pay a substantial hourly fee for his or her time.
You have a shot, although things are also complicated because you'd likely be suing a Native American entity. I'd consult with a lawyer who has that experience as well as a business litigation or subrogation background.
The problem you have is you may have to pay that lawyer hourly, meaning the undertaking might not be financially viable. Assuming the car was insured, your best bet may just be to let your insurer handle it. If they feel they can show some negligence on the part of the casino in allowing this person to get to your car (was the woman who stole it an employee? a known trespasser or criminal? a known drunk? etc.), they may attempt to subrogate.
If you have a claim against an Indian casino, which involves tribal law. You are outside the jurisdiction of the United States and State of California courts. The article you posted involves a hotel, not an Indian casino. You should look for a lawyer familiar with claims against tribal entities. You can hire a lawyer familiar with insurance coverage issues and property damage claims to assist you with your case against your own insurance company. Good luck.
I can understand why you would want to hold the casino accountable, but as a practical matter it would be far easier, financially viable and and less time consuming to collect through your own insurance company and let them worry about going after the casino.
Here is a list of attorneys local to you who are experienced with suing tribal entities. You have a number of excellent potential resources here:
http://www.attorneyqna.com/search/lawyer_search?utf8=✓&q=native+people&loc=California&commit=
