A question for a attorney....

Thread Tools
 
Search this Thread
 
Old Jan 13, 2010 | 08:16 PM
  #1  
boxerfxt's Avatar
Thread Starter
Registered User
iTrader: (4)
 
Joined: Dec 2007
Posts: 784
From: Folsom prison,California
Car Info: 2005 forester
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!
Old Jan 13, 2010 | 08:21 PM
  #2  
07wrx4life's Avatar
Registered User
iTrader: (8)
 
Joined: Aug 2008
Posts: 1,161
From: San Mateo, Cali
Car Info: 06 GMC Diesel
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?
Old Jan 13, 2010 | 08:23 PM
  #3  
Lowend's Avatar
Registered User
iTrader: (5)
 
Joined: Jul 2004
Posts: 4,301
From: San Jose, CA
Car Info: http://kiva.org/invitedby/brett4254
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
Old Jan 13, 2010 | 08:26 PM
  #4  
iBlueVirus's Avatar
Registered User
iTrader: (13)
 
Joined: Nov 2002
Posts: 7,508
From: Santa Clara, CA
Car Info: 12 STi
did you friend sign anything saying the shop is not responsible for things stolen, damage, blah blah blah (on the work order or something)? (hope not)
Old Jan 13, 2010 | 08:27 PM
  #5  
iLoqin's Avatar
Registered User
iTrader: (5)
 
Joined: Apr 2003
Posts: 6,826
From: No Way
Car Info: Nadda
Is this about the theft at Paul's? =P Seeeems mighty exact replacing some parts of the story!
Old Jan 13, 2010 | 08:34 PM
  #6  
boxerfxt's Avatar
Thread Starter
Registered User
iTrader: (4)
 
Joined: Dec 2007
Posts: 784
From: Folsom prison,California
Car Info: 2005 forester
Originally Posted by iBlueVirus
did you friend sign anything saying the shop is not responsible for things stolen, damage, blah blah blah (on the work order or something)? (hope not)
I have not seen said repair order... but I will...


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)
Old Jan 13, 2010 | 08:39 PM
  #7  
boxerfxt's Avatar
Thread Starter
Registered User
iTrader: (4)
 
Joined: Dec 2007
Posts: 784
From: Folsom prison,California
Car Info: 2005 forester
Originally Posted by iLoqin
Is this about the theft at Paul's? =P Seeeems mighty exact replacing some parts of the story!

nope! sadly it was not in roseville thats why this is in the bay area forum and not the sacramento forum...

Last edited by boxerfxt; Jan 13, 2010 at 08:41 PM.
Old Jan 13, 2010 | 08:41 PM
  #8  
AntiochCali's Avatar
Registered User
iTrader: (1)
 
Joined: Nov 2002
Posts: 2,504
From: Leg Humper
Car Info: '03 WRX wagon, faster than walkin'
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.
Old Jan 13, 2010 | 08:48 PM
  #9  
boxerfxt's Avatar
Thread Starter
Registered User
iTrader: (4)
 
Joined: Dec 2007
Posts: 784
From: Folsom prison,California
Car Info: 2005 forester
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!
Old Jan 13, 2010 | 09:53 PM
  #10  
Max Xevious's Avatar
BanHammer™
iTrader: (8)
 
Joined: May 2000
Posts: 47,596
From: Wagonmafia Propaganda Lieutenant
Car Info: 2014 Forester XT
Originally Posted by boxerfxt
nope! sadly it was not in roseville thats why this is in the bay area forum and not the sacramento forum...
it is funny how this thread popped up after you and Paul had a discussion in the other thread.
Old Jan 13, 2010 | 09:55 PM
  #11  
VRT MBasile's Avatar
VIP Member
iTrader: (17)
 
Joined: May 2005
Posts: 22,776
From: Sunnyvale, CA
Car Info: '13 BRZ Limited / '02 WRX
most shops have a sign saying they are not responsible for items left in the car.
Old Jan 13, 2010 | 10:00 PM
  #12  
subie OCD's Avatar
Registered User
iTrader: (11)
 
Joined: Aug 2005
Posts: 5,808
From: Concord
Car Info: 04 STi
An.
Old Jan 13, 2010 | 11:08 PM
  #13  
lanz0r's Avatar
Registered User
iTrader: (14)
 
Joined: Apr 2008
Posts: 6,558
From: California
Car Info: Blown Transmissions
Originally Posted by VRT MBasile
most shops have a sign saying they are not responsible for items left in the car.
items left in the car that are bolted down such at the stereo deck and speakers? I think everyone leaves those in their car.
Old Jan 13, 2010 | 11:19 PM
  #14  
JArnaud's Avatar
Registered User
iTrader: (2)
 
Joined: Oct 2006
Posts: 1,090
From: Bay Area, CA
Car Info: 2002 Subaru WRX PSM
Why do people look to the courts before they try to come to a reasonable agreement with the other party...gotta love CA
Old Jan 13, 2010 | 11:27 PM
  #15  
FW Motorsports's Avatar
iClub Silver Vendor
iTrader: (25)
 
Joined: Nov 2002
Posts: 15,494
From: Participating in some Anarchy!
Car Info: 2005 LGT wagon
Hey, Mike, don't you work at a shop?
What does your paper work say?



All times are GMT -7. The time now is 03:17 AM.


Top

© 2026 MH Sub I, LLC dba Internet Brands



When you click on links to various merchants on this site and make a purchase, this can result in this site earning a commission. Affiliate programs and affiliations include, but are not limited to, the eBay Partner Network.