I arrived at the Avistar Parking Facility on 26 JUN 2006 at approx. 4:16 PM as reflected on the receipt I received. My vehicle, a 2004 Hyundai Elantra, Color Black was taken into the custody of the facility at that time and the keys to the vehicle surrendered to the attendant. I received a claim ticket to retrieve the vehicle upon my return. No other documentation was given and no status report of the vehicle was offered or signed by me at this time. I left the Avistar Facility and proceeded to the airport. Upon my return on 29 JUN 2006 I returned to the Avistar Parking Facility at which time my vehicle was not yet brought out front of the office. I entered the office and paid the invoice while my vehicle was being brought around by the attendant. The receipt received from the casher reflects a pick-up time of 12:26 PM. I exited the office and entered the vehicle. I proceeded to drive the vehicle from the facility in Jamaica to my Corporate Office in Plainview, NY a drive of approx. 29 miles. During this time I noticed that the passenger side mirror had been folded in and had not been folded back out by the attendant before my departure. Upon arrival at my office approx 40 min. after receiving the vehicle I stepped out of the vehicle and went around to the other side in order to extend the mirror to its proper position. It was at this time that I noticed that the passenger side front door had been subjected to conditions resulting in damage to the exterior of the door. The damage consisted of two white marks parallel to each other approx. 2 inches below the door handle, each being approx. 8 inches in length and a major scratch and dent approx. 4 inches above the bottom of the door and approx. 15 inches in length. This scratch at the bottom of the door incorporated a dent into the body where the vehicle had apparently been subjected to an impact while moving in a forward direction and then been scraped down to the metal along the length of the door. Upon further examination of the door I found evidence that personnel of the parking facility had attempted to conceal what they must have believed to be the damage which resulted from the impact in that there had previously existed a few minor scratches each being approx inch in length and running in a vertical direction. These scratches had not been repainted at the time I left my vehicle at the facility and therefore showed as a white mark as the scratch was above the primer coat. While examining my vehicle I noticed that these marks had been painted over with a black touch-up paint which did not exactly match the color of the vehicle body itself. At approx. 1:30 PM I placed a call to Avistar and spoke to Greg the manager of the facility. I described the damage found to Greg in the same detail as outlined in this document. Greg stated that he would file a claim and get back to me. At approx. 2:15 PM I decided to return to the Avistar Parking Facility in Jamaica in order to talk with Greg in person and allow him to see the damage for himself. I arrived at the facility at approx. 3:00 PM and met with Greg in person. The two of us proceeded to my vehicle where I allowed him to view the damage. I showed Greg the scratches and the marks which had been repainted. He stated that he was sorry and that his personnel did not always report damage to him. He stated that he wished that they would report damage when it occurred as this is why the facility is insured. At this time I offered Greg the opportunity to take photographs or make amendments to the claim. He stated that it was not necessary as the claim had already been submitted. I asked to have a copy of the claim at this time and Greg stated that his office manager had already gone home for the day and he was unaware of where it had been filed. I asked that he fax it to me the following day (Friday) and gave him my fax number. At this time I left the facility. I contacted Greg on the following afternoon (Friday, 30 JUN 2006) after not receiving the promised fax. He stated that his office manager was again gone for the day and that I should try back on Monday. I contacted Greg the following Monday (3 JUL 2006) at which point he stated that the requested information was still unavailable and that I should try back again after the holiday. I contacted Greg the following Wednesday (5 JUL 2006) at which point he stated that his office manager was on vacation until the following Monday, and that I should try back then. At this point I contacted the Avistar Headquarters in Newark, NJ where I was told the contact to find out about the status of the claim, but that I would still need to obtain the claim number from the JFK Facility. I contacted Greg on Monday, 10 JUL 2006 at approx. 10:10 AM and demanded that I be given the claim number. At this time Greg stated that he would call be back in about an hour with the claim number. Greg did call me back at approx. 11:15 AM with the claim number. At this time I proceeded to contact Annette Perry the Claims Manager of the parent company, Parking Company of America Airports, in order to obtain the current status of the claim. I was told by Annette that the claim had been denied because it had been called-in. Annette also stated that Greg had written on the claim PLEASE DENY THIS CLAIM on the claim form itself. I asked Annette if I could obtain a copy of the claim but she stated that the claim system was internalized electronically and was only for the internal use of the company. I described for Annette many of the events as described in this deposition and she stated that she would put the claim back in for review. Two days later (12 JUL) I received an email from Annette stating that she was still attempting to contact Greg on this matter and that in the meantime I should send her two estimates for repair. The next morning (13 JUL) I received an email from Annette stating that Greg and the management of Parking Company of America Airports had decided to maintain denial of the claim. I was contacted by a representative of Parking Company of America’s Claims Department and advised that I should proceed through my personal insurance company to resolve the matter. This company was either unable or unwilling to work to resolve this matter in a timely and adequate manner. It does not seem fair that I and my insurance company had to pay for their negligence. James Kingston, New YorkU.S.A.
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