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Answered 2015-07-15 21:51:32

No. Your own carrier would need to pick up the damage under your comprehensive coverage. Most public paring facilities are not monitored or secured and usually have signs posted waiving liability for theft or damages. If those signs were properl posted according to local ordinance, it's highly unlikely you would have a valid claim against the property owner.

As you can imagine, in any parking used by a lot of people, the owner of the business would be hard-pressed if he/she was responsible for all the damage to vehicles that occurred in that parking lot. Usually, a business would be responsible for damages to your vehicle only if your vehicle was in their care, custody and control (for instance, you dropped your car off to have the brakes done). At that point, the business owner has some responsibility because you've handed over the car.

As for the movie theater, you used your car to get there, park, and leave. The movie theater has no legal liability in how you used your vehicle, or what happened to it while in its lot. The liability falls to the person who vandalized your car, and unfortunately, the chances of locating that person are few.

The businesses insurance should be picking up the claim if the business takes in revenue for the parking as this would create a bailment and the parking garage, valet service, etc would have some liability. Most of them disclaim all liability though and it may say that on your ticket.

Normally the best way to handle this claim would be to submit to your carrier and provide them all the info. They may pay out on it subject to the deductible on your comprehensive coverage, or they may sue the parking lot company if they believe they were somehow At Fault for the vandalism.

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