A question for a attorney....
01-13-2010, 08:16 PM
#1
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A question for a attorney....
let's say you have a (friend) and he takes his car to have some worn done. (head gasket) and one night the car gets pushed outside. The next day the shop calls him and says hey they broke into your car! They ended up stealing your amp,deck and subs... now when you signed the work order for them to do the work and they accepted said car into the shops property are they responsible for the insurance claim or is my (friend) responsible?
I mean if it went to court who would win the judges decision?
My (friend) thanks you in advance!
I mean if it went to court who would win the judges decision?
My (friend) thanks you in advance!
01-13-2010, 08:21 PM
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I would think It would be the shops Insurance as thats where the car was located when said robbery took place, As long as you can prove that the car was actually broken Into at the shop then I don't see any problems In getting the shop to cover the parts stolen. you did get a police report right?
01-13-2010, 08:23 PM
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That's on the shop - the work order assigns liability to the shop for the duration of the repair.
If the shop is legit, than they will have insurance for such things
If the shop is legit, than they will have insurance for such things
01-13-2010, 08:34 PM
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Im assuming.... yea I know....( *** out if you and me) that it say's nothing because if it did then It would be on my (friend)
01-13-2010, 08:41 PM
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In general for any time you leave something with someone - this includes valet parking and pets in boarding - If you are PAYING for care, the person giving the care must provide more than minimum care, that means they are responsible for returning things to you in reasonable condition.
Sue in small claims court, you can't lose. Even if you sign a liability wavier, I think you still win because you are paying for a service. What they can do is limit their payout damages so you can't get more than the fair market value.
Sue in small claims court, you can't lose. Even if you sign a liability wavier, I think you still win because you are paying for a service. What they can do is limit their payout damages so you can't get more than the fair market value.
01-13-2010, 08:48 PM
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that was my thought! When he called me and told me, he did tell me that when he called his insurance they asked him for the repair shop and called them and got their insurance info, so maybe his insurance is going to contact the shops insurance and settle between them. I told him to take that crap stereo out of the car anyway he bumps it up and down the street so it was probably one of his friends who knew where his car was that night.
ha-ha officer rosetti came out to take the report... thats great!
ha-ha officer rosetti came out to take the report... thats great!
