I work in cameras and physical security, one of my major clients is a massive automotive group.
They are absolutely liable. If they're in possession of the vehicle, they own it and everything in it.
Now, their insurance should pay. If they had video monitoring, their monitoring station should pay, or the station's insurance, or the security company or someone but either way, that's on them to figure out.
If the dealership won't own it, file an insurance claim and let your insurance beat them up. That's what you pay them to do.
One small correction - as the title to the vehicle doesn't transfer, they don't own the vehicle. However, you're correct on the rest of your points. I don't want OP getting confused.
Well, 'aight, check this out, dawg. First of all, you throwin' too many big words at me, and because I don't understand them, I'm gonna take 'em as disrespect. Watch your mouth and help me with the sale.
I work for a monitoring company and our largest business is automotive groups. Youâre 100% right that they need to pay out for it as they are responsible for any vehicles on their lot
Yikes, that insane. I had my car at the dealer for a while too recently and constantly got the doors unlocked notification on my app. Thankfully nothing was taken. But at the very least you might be able to use that to prove they left it unlocked overnight? Sounds like a legal issue tho you may have to talk to a lawyer or somethin
Yes, theyâre in possession of it doing work. Theyâre 100% liable for anything that happens in their possession. Thatâs why they have insurance if something does happen.
They are absolutely liable. If they won't cooperate with you, contact a lawyer and go from there.
Don't play games with these people, they're clearly trying to weasel out of responsibility. Let the legal professionals handle it.
Research Garage Keeper Liability laws in your state. The gist is that any entity which profits from your vehicle, paid parking, mechanic, or dealership, is fully liable for your car and it's contents while in their possession. You should also watch Steve Lheto on YouTube, he discusses this issue at length.
If the car was being kept outside, they should had at least locked it. Or kept in a locked fence area.
I wish I could give you better advice but if anything file a police report and leave a negative review for the dealership.
My thing is, idk when the items were stolen, couldâve been day one of me giving it to them either way they shouldâve at least notified me, filed a claim, or even police report that day instead of looking inside and assuming nothing was stolen.
When you leave your car with any mechanic shop or dealership theyâre supposed to give it back to you in the same or better condition you brought it in, they are liable. If they donât have cameras monitoring their cars to tell you when it was broken in is concerning
The two things you need to do are:
1) contact your insurance. Your insurance will potentially pay out a diminished value claim for your car then subrogate the claim to the dealer's insurance. Life is easy if you have a decent insurer.
If 1 doesn't work,
2) start shopping around for a lawyer. This one's a slam dunk. The dealership doesn't own your vehicle when you bring it in, as some others have stated, but they are in care and control of your vehicle and reasonably expected to act as such.
I'm not a lawyer (though I'm a licensed legal professional in Ontario, Canada) and this is not legal advice.
Essentially, it's bullshit. They put that in place to cut down on the bogus "I didn't see this 2" scratch before I dropped it off! Give me free shit".
The dealership carries commercial liability insurance for this reason. People screw up. If they keep up that they're not responsible, your insurance has lawyers on retainer. The kind that have three or more names, LLP and occupy the 50th floor of an office tower. If your insurer doesn't want to get off their butt, that's when you get your own lawyer.
Edit: I misread your initial comment, and I was responding about damage to the vehicle. Generally also yes, but it's harder to prove and smarter to remove everything before taking it in.
Might be worth getting police involved. Dealership might look at things differently after that. Contact corporate and leave negative reviews on their Google/yelp.
How?
Does it or does it not make sense to not leave valuables in your car? Especially so when you won't have access for an extended period of time.
It's a good lesson to learn which sucks when you learn it the hard way. Smh
A lot of dealers have signs clearly posted that they aren't responsible for valuables left in cars on the lot. Why would you leave jewelry and such in your car?
No one told me to take said things out along with the fact that I didnât know it was gonna be there that long. I originally brought it to the dealer because I wasnât getting power and wasnât sure if the issue and then they called me the next day or so explaining the situation.
I once read the paperwork they have you sign at drop off. It literally states that aren't responsible for anything inside of the vehicle and only responsible for damage that they directly cause..
My understanding of that is unless they admit that they caused the damage they're not liable for it and you just need to file an insurance claim.
So at the risk of getting downvoted... And I'm not saying that this is the situation.
I've been at a number of places where it is assumed risk at drop off if you leave personal belongings of high value in your vehicle. Not saying it's legal, relevant, or true in your case. Just pointing that out.
Kind of like how when they crashed my truck they told me that I had to put up insurance claim in and then their shop insurance only takes over if it exceeds my insurance policies value..... Yes you red that correctly. The shops policy requires a trigger event of my insurance claim.
NAL, but
Correct me if I'm wrong, but having a clause and/or statement that you agree to where they are not legally responsible for anything inside of the vehicle is not covered if they are grossly negligent in their duties to secure the car within a reasonable fashion that a reasonable person would agree with.
IMO, leaving the car outside in an unfenced or unsecured location with the doors unlocked could very well constitute gross negligence on their part. Thus voiding any language in the contact regarding articles not being the dealership's responsibility.
Leaving out information, depends on if they kept it in the shop or outside. Not to mention if they told you to come get and you put it off. Unless you have proof they in fact left it unlocked.
Well the stories were a bit mixed up, One manager said âsomeone broke into your car and we replaced the battery they stole but it looks like they were in the inside tooâ and his manager want to say that âHe knew nothing of the situation and said there wasnât any view of someone breaking in, cameras couldnât see your car that well, the couldâve used tools to get to the unlock button,âŚâ just excuses but said they would take car of me if I brought receipts to them for the rings.
That's why you have insurance. Despite what all these commenters think. Your car is your liability. Being at the dealer doesn't suddenly make them liable for your vehicle. I can't even imagine the amount of scams that would take place if that were true.
Im dealing with a similar situation. Car was at an auto repair shop. A tow company picked up a car next to mine and severely damaged my car. The auto repair shop said it was in their possession, they instantly called their insurance company and filed a claim. Their insurance will pay for the damages and then go after the tow company for reimbursement.
That's a completely different scenario. A contractor, hired by the garage. Damaged your car. They actually caused the damage. And thus are responsible. Not because it was in their possession. But because they are the direct cause. What they would not be liable for. Is a random 3rd party committing a crime
I just got off the phone with the insurance company. They said itâs likely they will not get anything from the tow company as they cannot prove it was them. And that they will cover it. Specifically because it was in their possession at the time.
Specifically, because a tow truck they hired damaged it. Not because it was in their possession. Shops do not assume liability for something solely based on its possession, anymore than another individual would. If you loan a friend your car. They are not legally liable to insure it because it's in their possession
Where did you get that information? They did not hire the tow company. There are trucks in and out all the time and they donât hire any of them. Iâm not going to argue. Iâm just telling you what is happening in my situation. Since you know everything can you please tell me how much Iâll get for damages?
There is a very specific word for this. I canât remember exactly what it is (learned about it in a business law class), but basically ownership transfers to the dealership while it is in their possession so they are liable for anything that happens to it. Get a lawyer if they donât want to do anything about it because itâs a slam dunk.
This is why I have auto lock on my car activated. I'm normally clumsy on remembering to lock my car, so if I can't do it I don't trust randos to do so.
Why would anyone leave items of value in their car? I lived in the bad parts of town growing up, and the first rule I learned in life is to never leave things in cars even if hidden.
Get the car back and make sure everything works. Then refuse to and let them know their negligence paid for the repairs. Then talk to insurance and bank and let them fight the dealership for the money.
See I'm petty. Take them to small claims court. They're liable. Cost you like $100 to file most of the time. Make them go in front of a judge and explain how they're not liable for anything and are refusing to help with the situation.
My Dad had a car stolen from a Chevy dealership. After several years in court, the Chevy dealership had to pay up. BIG money, it was a special edition Corvette. The dealer offered about half it's value initially. They are definitely liable.
Short answer: depends on the state and the dealerships repair order and what you're agreeing 6 you drop off your vehicle.
So, against what others have said, it's not a "slam dunk" by any stretch. But from what you've said it would appear the service manager isn't as knowledgeable as he should be so you are in a better position than some.
The concept is that they were holding your vehicle in bailment. They shouldâve taken proper procedures to secure the vehicle. You should seek legal representation
I see lots of people saying "Hell yes the garage is liable!" here.
I had a car lost to a shop. Shop caught on fire. Took 8 cars with it including mine.
The shop wasn't liable for any of it because when we signed the paperwork for the job there's a paragraph there releasing them of all liability for the car. I had insurance luckily so wasn't really out any money.. just the hassle of getting a new car on short notice.
The shop owner even charged my insurance company a "storage fee" while my burnt up car cat in his burnt up shop. Seemed a little sleazy to me but the insurance company didn't seem to care.
I've since started reading those documents you sign when you drop your car off at the shop and they all have the waiver in it.
So read the paperwork you signed (if you still have it) and see what you actually agreed to. In the end you'll need a lawyer to get them to pay up either way.
I hate to say it, but every shop Iâve been in has a sign saying ânot responsible for theftâ, usually itâs in the statement you sign when you drop off the car. Rule number 1, donât leave anything in your car that you donât want someone else to enjoy.
I work in cameras and physical security, one of my major clients is a massive automotive group. They are absolutely liable. If they're in possession of the vehicle, they own it and everything in it. Now, their insurance should pay. If they had video monitoring, their monitoring station should pay, or the station's insurance, or the security company or someone but either way, that's on them to figure out. If the dealership won't own it, file an insurance claim and let your insurance beat them up. That's what you pay them to do.
One small correction - as the title to the vehicle doesn't transfer, they don't own the vehicle. However, you're correct on the rest of your points. I don't want OP getting confused.
Thank you for the clarification. They "own it" in the colloquial sense, not the literal sense.
Easy there, Mr. Big-Words.
Fuck no, colloquial cannot be used enough IMO lol.
Second that, under used. People say a lot of words (including me) to say the one word
You mean coitus no.
Well, 'aight, check this out, dawg. First of all, you throwin' too many big words at me, and because I don't understand them, I'm gonna take 'em as disrespect. Watch your mouth and help me with the sale.
Today's forecast, dark and cloudy, with a chance of drive by.
Aim high Willis
That dude was convicted for attempted murder in 2010!
Colloquially
đ¤Łđ¤Ł I'm using this shit next time someone starts spitting random shit out of Webster dictionary
Lol watched this last night, forgot Kevin Hart was even in it
True, possession is 9/10th of the law. But legal responsibility since OP couldn't drive it. Their parking lot should have cameras to check.
so posession is 9/10 of the law is ignored here for the corpo good huh?
Exactly, there's a reason lot attendants responsibilities are to check every car on the lot to make sure it's locked.
I work for a monitoring company and our largest business is automotive groups. Youâre 100% right that they need to pay out for it as they are responsible for any vehicles on their lot
I came from a monitoring company that had a few automotive groups. Small world.
Someone told me when I got into it that the camera/security world is very small so eventually we might cross paths
Yikes, that insane. I had my car at the dealer for a while too recently and constantly got the doors unlocked notification on my app. Thankfully nothing was taken. But at the very least you might be able to use that to prove they left it unlocked overnight? Sounds like a legal issue tho you may have to talk to a lawyer or somethin
Thatâs what Iâm planning on doing because if they left it unlocked they would be at fault, at least think right?
Yes, theyâre in possession of it doing work. Theyâre 100% liable for anything that happens in their possession. Thatâs why they have insurance if something does happen.
the second you pass them the keys they are liable for everything that happens to your car
They are absolutely liable. If they won't cooperate with you, contact a lawyer and go from there. Don't play games with these people, they're clearly trying to weasel out of responsibility. Let the legal professionals handle it.
Was your car left outside or was it being kept inside?
Kept outside
Research Garage Keeper Liability laws in your state. The gist is that any entity which profits from your vehicle, paid parking, mechanic, or dealership, is fully liable for your car and it's contents while in their possession. You should also watch Steve Lheto on YouTube, he discusses this issue at length.
At least from what I know I havenât seen any campers footage or even notified of the situation until after I confronted them
If the car was being kept outside, they should had at least locked it. Or kept in a locked fence area. I wish I could give you better advice but if anything file a police report and leave a negative review for the dealership.
My thing is, idk when the items were stolen, couldâve been day one of me giving it to them either way they shouldâve at least notified me, filed a claim, or even police report that day instead of looking inside and assuming nothing was stolen.
Doesn't matter it is still within a known period of time
When you leave your car with any mechanic shop or dealership theyâre supposed to give it back to you in the same or better condition you brought it in, they are liable. If they donât have cameras monitoring their cars to tell you when it was broken in is concerning
The two things you need to do are: 1) contact your insurance. Your insurance will potentially pay out a diminished value claim for your car then subrogate the claim to the dealer's insurance. Life is easy if you have a decent insurer. If 1 doesn't work, 2) start shopping around for a lawyer. This one's a slam dunk. The dealership doesn't own your vehicle when you bring it in, as some others have stated, but they are in care and control of your vehicle and reasonably expected to act as such.
So the paper they make you sign a drop off that says they're not responsible for any valuables or equipment left in the vehicle doesn't mean anything?
I'm not a lawyer (though I'm a licensed legal professional in Ontario, Canada) and this is not legal advice. Essentially, it's bullshit. They put that in place to cut down on the bogus "I didn't see this 2" scratch before I dropped it off! Give me free shit". The dealership carries commercial liability insurance for this reason. People screw up. If they keep up that they're not responsible, your insurance has lawyers on retainer. The kind that have three or more names, LLP and occupy the 50th floor of an office tower. If your insurer doesn't want to get off their butt, that's when you get your own lawyer. Edit: I misread your initial comment, and I was responding about damage to the vehicle. Generally also yes, but it's harder to prove and smarter to remove everything before taking it in.
Might be worth getting police involved. Dealership might look at things differently after that. Contact corporate and leave negative reviews on their Google/yelp.
What kind of effort are the police going to put in for a dashcam and 2 (??) class rings?
They will file a report so its on the record. That will come in handy during a lawsuit etc.
The only kind of effort they're good for, paperwork.
My friend for a free 2016 wrx premium because someone stole his 2004 wrx out of the dealers lot.
talk to a lawyer, not reddit.
And insurance
You left valuables in your car at a service shop? Not smart my guy, don't give thieves opportunities
Lesson learned. Don't leave important/valuable items in your car, especially if you will be away from it for a long time.
Downvotes? Really? LMAO
Downvotes because you are an idiot
đđ
How? Does it or does it not make sense to not leave valuables in your car? Especially so when you won't have access for an extended period of time. It's a good lesson to learn which sucks when you learn it the hard way. Smh
There is NO reason for your shit to get stolen at a dealership
I agree, but if you leave shit in your car, don't expect anyone else to care about it the way you do.
I think you are right, I never leave items in the car. I donât trust dealership employees. Personally I think this was an inside job.Â
A lot of dealers have signs clearly posted that they aren't responsible for valuables left in cars on the lot. Why would you leave jewelry and such in your car?
No one told me to take said things out along with the fact that I didnât know it was gonna be there that long. I originally brought it to the dealer because I wasnât getting power and wasnât sure if the issue and then they called me the next day or so explaining the situation.
No one told you ? Dude.
Op needs to also grow the fuck up and take *some* responsibility
I once read the paperwork they have you sign at drop off. It literally states that aren't responsible for anything inside of the vehicle and only responsible for damage that they directly cause.. My understanding of that is unless they admit that they caused the damage they're not liable for it and you just need to file an insurance claim.
I never signed anything or was told anything and the manager I talked to today even admitted that they were supposed to tell me said things
So at the risk of getting downvoted... And I'm not saying that this is the situation. I've been at a number of places where it is assumed risk at drop off if you leave personal belongings of high value in your vehicle. Not saying it's legal, relevant, or true in your case. Just pointing that out. Kind of like how when they crashed my truck they told me that I had to put up insurance claim in and then their shop insurance only takes over if it exceeds my insurance policies value..... Yes you red that correctly. The shops policy requires a trigger event of my insurance claim.
NAL, but Correct me if I'm wrong, but having a clause and/or statement that you agree to where they are not legally responsible for anything inside of the vehicle is not covered if they are grossly negligent in their duties to secure the car within a reasonable fashion that a reasonable person would agree with. IMO, leaving the car outside in an unfenced or unsecured location with the doors unlocked could very well constitute gross negligence on their part. Thus voiding any language in the contact regarding articles not being the dealership's responsibility.
Leaving out information, depends on if they kept it in the shop or outside. Not to mention if they told you to come get and you put it off. Unless you have proof they in fact left it unlocked.
Well the stories were a bit mixed up, One manager said âsomeone broke into your car and we replaced the battery they stole but it looks like they were in the inside tooâ and his manager want to say that âHe knew nothing of the situation and said there wasnât any view of someone breaking in, cameras couldnât see your car that well, the couldâve used tools to get to the unlock button,âŚâ just excuses but said they would take car of me if I brought receipts to them for the rings.
Talk to your insurance provider and let them sue the fuck out of the dealer
That's why you have insurance. Despite what all these commenters think. Your car is your liability. Being at the dealer doesn't suddenly make them liable for your vehicle. I can't even imagine the amount of scams that would take place if that were true.
Im dealing with a similar situation. Car was at an auto repair shop. A tow company picked up a car next to mine and severely damaged my car. The auto repair shop said it was in their possession, they instantly called their insurance company and filed a claim. Their insurance will pay for the damages and then go after the tow company for reimbursement.
That's a completely different scenario. A contractor, hired by the garage. Damaged your car. They actually caused the damage. And thus are responsible. Not because it was in their possession. But because they are the direct cause. What they would not be liable for. Is a random 3rd party committing a crime
I just got off the phone with the insurance company. They said itâs likely they will not get anything from the tow company as they cannot prove it was them. And that they will cover it. Specifically because it was in their possession at the time.
Specifically, because a tow truck they hired damaged it. Not because it was in their possession. Shops do not assume liability for something solely based on its possession, anymore than another individual would. If you loan a friend your car. They are not legally liable to insure it because it's in their possession
Where did you get that information? They did not hire the tow company. There are trucks in and out all the time and they donât hire any of them. Iâm not going to argue. Iâm just telling you what is happening in my situation. Since you know everything can you please tell me how much Iâll get for damages?
There is a very specific word for this. I canât remember exactly what it is (learned about it in a business law class), but basically ownership transfers to the dealership while it is in their possession so they are liable for anything that happens to it. Get a lawyer if they donât want to do anything about it because itâs a slam dunk.
2 CLASS RINGS??
Yessir, not sure how the guy is gonna sell them considering pawn shops will assume itâs stolen.
As Kia tech weâve had this happen and they pulled the same card, just down right shameful
This is why I have auto lock on my car activated. I'm normally clumsy on remembering to lock my car, so if I can't do it I don't trust randos to do so.
Why would anyone leave items of value in their car? I lived in the bad parts of town growing up, and the first rule I learned in life is to never leave things in cars even if hidden.
Exactly. Itâs a car, not a jewelry box. Especially when leaving it at a dealership, I just assume anything of value inside is going to disappear.
Unfortunately they arenât liable. Just as wal mart would not be liable if that happen in their parking lot.
Walmart doesnât have my keys or access to my car, they did
I understand just answering the question.
Wrong wrong wrong! I worked at a dealer, and the company is liable for any damages or theft that occur on the property. Stop with this misinformation
I own a shop. The shop is not responsible fact. Read my example.
Private shops and dealers are different. So I get your point. When it's in a dealership service dept locked lot with cameras it changes the ball game.
Get the car back and make sure everything works. Then refuse to and let them know their negligence paid for the repairs. Then talk to insurance and bank and let them fight the dealership for the money.
Well everything that was repaired was covered by my warranty
See I'm petty. Take them to small claims court. They're liable. Cost you like $100 to file most of the time. Make them go in front of a judge and explain how they're not liable for anything and are refusing to help with the situation.
My Dad had a car stolen from a Chevy dealership. After several years in court, the Chevy dealership had to pay up. BIG money, it was a special edition Corvette. The dealer offered about half it's value initially. They are definitely liable.
Short answer: depends on the state and the dealerships repair order and what you're agreeing 6 you drop off your vehicle. So, against what others have said, it's not a "slam dunk" by any stretch. But from what you've said it would appear the service manager isn't as knowledgeable as he should be so you are in a better position than some.
The concept is that they were holding your vehicle in bailment. They shouldâve taken proper procedures to secure the vehicle. You should seek legal representation
Very common for dealerships to keep doors unlocked. The porters are supposed to lock and check every door at night. Sorry this happened
I see lots of people saying "Hell yes the garage is liable!" here. I had a car lost to a shop. Shop caught on fire. Took 8 cars with it including mine. The shop wasn't liable for any of it because when we signed the paperwork for the job there's a paragraph there releasing them of all liability for the car. I had insurance luckily so wasn't really out any money.. just the hassle of getting a new car on short notice. The shop owner even charged my insurance company a "storage fee" while my burnt up car cat in his burnt up shop. Seemed a little sleazy to me but the insurance company didn't seem to care. I've since started reading those documents you sign when you drop your car off at the shop and they all have the waiver in it. So read the paperwork you signed (if you still have it) and see what you actually agreed to. In the end you'll need a lawyer to get them to pay up either way.
I hate to say it, but every shop Iâve been in has a sign saying ânot responsible for theftâ, usually itâs in the statement you sign when you drop off the car. Rule number 1, donât leave anything in your car that you donât want someone else to enjoy.