Valet parking: who is liable when a car is damaged?

The evening went well, the valet brings the car around, and there it is: a scratch on the wing that was not there before. The guest is convinced it happened during the service, the venue has no idea, and nobody has proof. Every valet service faces this scenario one day, and how it ends depends mostly on what was put in place beforehand.

The short answer: in France, the venue (or its contractor) is presumed liable. The full answer deserves a few nuances, here they are.

Bailment: what French law says

When a guest hands their keys to a valet, a deposit contract is created under articles 1915 and following of the French Civil Code, just like a paid cloakroom. The custodian must care for the vehicle as they would their own property (article 1927) and return it in the state it was received (article 1944). The standard is even stricter when the deposit is paid for or offered in the venue's interest (article 1928), which is the case for a hotel or restaurant valet.

The direct consequence: if the car is damaged during the service, the venue's liability is presumed. It is not up to the guest to prove the valet's fault; it is up to the venue to prove the damage predates the drop-off, or stems from a cause beyond its control. Without a condition check at drop-off, that proof is almost impossible to produce.

What your insurance covers (or not)

Standard professional liability policies generally exclude damage to property in your custody, and the guest's own insurance is not meant to pay for the service's fault. You therefore need specific cover, often called custody or bailee cover for vehicles, protecting both the keeping of the car and your valets driving it between the drop-off point and the car park. Points to check with your insurer: the per-vehicle ceiling (a luxury saloon quickly exceeds a standard cap), the excess, key theft, and driving on public roads.

If the service is outsourced, demand the contractor's insurance certificate and write the split of responsibilities into the contract: who covers the drive, who covers the parking, who handles the claim. When a dispute comes, the guest will turn to the brand they know: yours.

For guests: the right reflexes if your car is damaged

• •Report the damage on the spot, before leaving: a claim three days later is nearly impossible to defend.
• •Photograph the damage immediately, ideally with the car still where it was returned.
• •Keep your ticket: it proves the deposit and its time.
• •Get something in writing from the manager on duty (incident report, exchange of insurance details).

For venues: prevent rather than pay

Since the presumption works against you, your only real defence is proof. And proof is built at drop-off, not when the dispute starts:

• •A condition check at drop-off: a walk around the car, timestamped photos of existing damage, attached to the deposit.
• •Full traceability: which valet took charge of which car, at what time, and when it was returned.
• •A written incident procedure the whole team knows: immediate report, photos, escalation, insurer notification.
• •Clear service terms handed to the guest at drop-off (price, hours, return process).

That is exactly what a digital valet ticket provides: every deposit is timestamped and tied to a valet, the ticket lives on the guest's phone, and the car's full history (checked in, parked, returned) is available if a dispute arises. The contested scratch is no longer argued over memories, but over data.

Conclusion

So, who is liable? The venue, by default, and that is good news for your guests and your image, provided the insurance is locked down and proof is built at every drop-off. If you are launching or rethinking your service, our complete valet service guide covers the subject end to end, from drop-off logistics to choosing the ticket system.