Can you sue a repair shop if your car got stolen?
Posted by admin on January 25, 2011The other day a car repair guy came and took my moms car away to fix it and apparently he left the key inside the ignition of the car and someone stole it. My mom isn’t quite sure what she can do about it because she got the car in 2003 but my cousin is telling her to sue him. Can we?
They may have a sign that says they are not responsible. But if they left the key in the car, that’s negligence, and she should be able sue.
Posted under car repair
They may have a sign that says they are not responsible. But if they left the key in the car, that’s negligence, and she should be able sue.
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this is why you have insurance. This is why the shop owner has insurance.
File a claim through the shop’s insurance.
You are owed the value of the car.
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If your mom has insurance, it covers stolen cars. All she could probably get from the shop is the amount of the deductible.
Plus, it is "buyer beware". Your mom gave the car to the guy. Unless she can prove he willingly let the car be stolen,she should just handle it through her insurance.
The car repair place also has insurance because of things like this.
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oh yes it was their responsility, go sue away
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yes, she can. the repair guy is responsible for the car since it was in his possession.
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Sure a business is responsible for your items if stolen or damage no matter how many signs they have plastered up. Their Ins, should cover it or take them to court. Hope you keep the Contract or estimate for the Judge to see that they would do the work on it and would tow it away.
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Yes u can sue. Make sure your mom goes through the shops insurance and not hers. Once mechanic took possession of the car he was now responsible. Your mom should claim for a rental car as well until she gets another car.
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You sue for negligence.
The car repair guy had a duty of care to the car owner:
1. the car was entrusted in his care.
2. he acted in a negligent manner by leaving the keys in the car.
3. he had the car in an insecure position which allowed another to steal it.
If you have insurance for theft of vehicle, then make an insurance claim, the insurance company will deal with it.
You should have reported the matter to the police.
If you have no insurance cover, then send a letter of claim to the car repair man asking for their insurance details, then deal with their insurance company. If they fail to play ball after your letter of claim, then unleash a court action. This matter should be simple enough to run into court without the need of lawyer fees.
You will have to prove:
1. negligence
2. your costs with receipts, invoices.
If you have failed to report this to the police, do so, or you damage your case.
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Since the repair shop took posession of your mom’s car with the understanding that your mom would be paying them to do repairs the repair shop has absolute liability and must either see to it that your mom gets her car back (and in its original condition), gets an equivalent car as replacement, or gets the cash value of the car.
Some parts of bailment law are subtle and difficult to understand and determine; This isn’t one of those parts.
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Let her file a claim before the insurance company she is dealing with , and at the same time inform the police department immediately about the theft ?
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