2nd worst day of my life

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M Arnold03

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Nov 18, 2005
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So here it goes. I dropped off my ST at the local Ford dealership last night to get some body work done. Well this morning I get a call from a buddy of mine who is the painter for them and he proceeds to tell me that the bodyshop was broken into and that my truck and another vehicle were stolen. Not only was it stolen but as they were backing out they ran part of the drivers side into the door opening and even ripped the mirror off (damage that was getting fixed was on the other side). Now for the real topper the dealership says they are not responsible. I could go on & on & on but I won't instead I'm going to go punch something. Thanks for listening I feel better.
 
Have insurance right? Chill out...There are other ST's out there. If it's already been wrecked from the start, I, myself, would hope it would wind up chopped and never found.



And be glad that this is the 2nd worst day of your life so far. There are more to come.
 
The dealership is correct, your insurance will cover it.



Like Dave said, if that is the 2nd worst day you are doing pretty good. A glass and metal item can be replaced, flesh and blood can't.
 
Most larger reputable dealerships should have some insurance for this. Where were the vehicles found, back at the dealership? Are there any suspects, what are the police saying, what type of security does the dealership have, cameras maybe? Any thing else taken besides the vehicles or any thing taken from the vehicles? What physical damage was done to break in? One thing to consider, depending on the answers to the above questions, is the possibility of an inside job, meaning employees on a joy ride, it happens alot. So how about the rest of the story inquiring minds want to know.
 
insurance will take care of it.!! sometimes i wish mine would so i can get new one!!!! hehe.. long as its never found!!! i would love new st!!! hehe
 
Actually they are, make them responsible. Tell them you will be in contact with your lawyer as well as the local TV stations. My brother in-law has a M Coupe and the detail guys stole it in the middle of the night and totaled it including damage when it was pulled out of the shop. The dealer said the same thing and then changed their tune when his lawyer and tv station contacted the dealership.
 
That's what I'm talkin about hutch. I know many persons are really partial to their vehicle and consider it a part of them. Myself, I like it but I agree, if it were to come up "gone", I'd be more than glad to find another. And hope the original was chopped and never found.
 
The dealership is not responsible unless they were negligent. If I read correctly, the ST was locked inside (the building or gated area) and it was broken into. What did the dealership do that was negligent?



Your insurance will cover it. If they find out it was an inside job then your insurance will pursue the dealership and their insurance.
 
Dealers/garages/body shops can buy several different forms of insurance coverage-Direct Primary is the most expensive, pays if there is damage/loss while the vehicle is their custody. The second type only pays if you don't have the appropriate coverage. The cheapest is legal liability- just like a liability policy on a car, if you are at fault (negligent) then the policy will pay.



Assuming this was not an inside job or something, I don't see how they are legally responsible- Good luck in getting it all taken care of...that is what we pay insurance premium for
 
Still want the rest of the story to see if there was any "negligence". I have never had an experience like this myself but seem to recall a similar incident a few years back here that our department investigated and I think I remember that the dealers insurance covered the loss, this vehicle was found in the middle of nowhere off a bridge in a river. So I guess I just assumed that dealers would have covereage for this. I know the small auto shops around here have very prominent signs saying they are not liable for your vehicle or possessions but have not seen them at the dealerships.
 
Dont fight with the dealership ... go thru your insurance company and let them go after the dealership - that is what they are there for and what they do. Since you were not at fault, they shouldnt jack your premiums ...
 
I had my Vette stolen from a service shop in New Mexico years back and the shop was totally responsible. They paid me 12K to settle AND gave me the car. I paid off my loan and sold the wreck for 5k the next day. Put enough in my pocket to go out and buy a 1970 Vette. But my point is go after the dealer. He had it IN HIS SHOP. He is responsible. IMHO
 
I agree that as long as the vehicle is on the dealers property, which means it was in his posession, and he Is responsible.



(rant) I am sooooo tired of people not taking responsibility for their actions, which means that the dealer probably hired cheap (possibly illegal immegrent) labor. You cannot even leave the proper amount of safety space between you and the vehicle in front of you. You have ten cars in front of you before you can blink an eye. :(:angry::wacko:
 
Just because the sign is posted "not responsible" does not mean they are without fault and not responsible. At most dealerships the sign reads Not resposible for items left in your vehicle. Well the garage area anyway.



When you leave a valuable possesion with a business, (the car or truck)

You are assuming they are going to protect your valuable. You in trust that they are going to do a good job and you are going to be happy with your experience with the business.



The fact that the dealership claims they are not resposible for your vehicle at all is just not so... By them taking the keys from you, they are assumng some responsibilty~~They try to hide behind the words on the service contract. When push comes to shove they are resposible for every vehicle on their lot and on their showroom and garages. Most people figure well I signed the contract so that's that....wrong!



I wonder if they had an alarm system in their garage"? (you would think they would, because if they don't then they are not being very resposible or safe with anyones vehicle)



Doesn't it sound kinda of funny for a dealership to say: " I want your business, give us your keys, oh and by the way..we are not responsible at all for your vehicle"



They assumed some responsibilty the moment they took your business and keys.



Just some things to ponder.. :)



Good luck to you, like the others said your insurance should take care of it.
 
The law on this topic is pretty clear. If the dealer took reasonable care while maintaining custody and control of your property and it was stolen, with no negligence on the part of the dealer, they are not responsible for the theft of your property.



The key is reasonable care. If the dealer left your truck unlocked with the keys in the ignition in an unsecured area, they would be negligent. If the truck was secured inside the building or fenced area when it was stolen they they would likely be found not negligent.



Read up on the topic of bailment for more insight. This link has some good info on different types of bailments and the degree of care required.







 
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If it were to go to court, the dealer would be responsible no matter what their sign might say.

Learned that in my business law class a long time ago.

In my current line of work I have "Care, Custody, and Control" insurance which is the exact same wording the dealer used when my Trac was broken into there while left overnight last December. Two broken windows, stole my XM, all my CD's, and a gas card that had over $500 charged on it in two days before I cancelled it*. Maybe I'm lucky and have a good dealer, but they didn't bat an eye, just said we'll fix the damage, detailed the whole truck besides, their insurance reimbursed me for the CD's and XM, and they said they'd reimburse the gas charges if the gas company wouldn't cancel them (which they did, after much correspondence).

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*The whole gas card thing is a long story, but in a nutshell I cancelled mine which required a PIN anyway. I had another one from my dad's company that did not require a PIN, which I never used, and I forgot that I even had it, so I did not report it stolen right away.
 
Mike--I know the situation sucks, and you have my and all our sympathy. But I think it's important to look at the other side of the coin here--if the theft of an insured vehicle qualifies as the second-worst day of your life, then you've led a pretty fortunate life. Days like this are an opportune time to count the blessings you have in your life that allow something as minor as this to be "second worst", and to say a thank you to God, or your lucky stars, or whatever it is you happen to believe in...
 
Thanks guys for the advice and kind words. The name of the thread may not have been the best choice of words but I was only trying to keep it lite. I've had a few days in my life that I would'nt wish on anyone. I handed it over to my insurance co. to handle. Now for those inquiring minds that want to know they entered thru an exhaust fan that from the inside was about 3 ft up from the floor what they did was pull about four of the louvers off then they bent two fan blades back and crawled in. The keys were in the door of my truck and also an Izusu Rodeo which they also stole by only having slide the latch open and lift the doors.
 

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