The restaurant is responsible for the repairs to your car. Under the doctrine of respondeat superior, an employer is liable for injuries caused by his employees while on the job. That rule does not apply to independent contractors, but even if Benihana and the parking person called him an independent contractor, the law will treat him as an employee for this purpose.
Standard procedure in this kind of case is for you to report this to your auto insurance company, and it will fix your car and get the money back from Benihana's insurance. Since you were not at fault, you should not pay any deductible. If your insurance company requires you to pay any deductible, then you should sue Benihana in small claims court, send a copy of the lawsuit to your local newspaper and television stations, and next time your insurance comes up for renewal, change companies.
If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business.
Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.
Dana Sack
Answered on Oct 13th, 2017 at 9:34 AM