Question about a vehicle broken into

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Fred

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., NC
Not my ST, thank goodness. :p



Anyway, my sister-in-law's K-K-K-Kia got broken into while once again at the dealership for repairs. (Good thing for her that junk has 10 yr/100k) While it sat "locked outside our shop" over the weekend, someone broke the side glass and stole the DVD player. The dealer said it would be her insurance's responsibilty.



Is that right?



She called her insurance rep., who called the dealership. The mgr at the dealership wouldn't speak to him. Oh, by the way, this is Paramount Kia of Asheville, NC in case anyone in or around Asheville is thinking about a K-K-K-Kia.



K-K-K-Kia, by Ronco, pour water on the roof and watch grass grow! Oh wait, that Chia. Nevermind.
 
Hhhm, I am interested in what others experience with this is.



I always assumed once I dropped my vehicle off, and it was on the dealer's property it was the dealer's responsibility. However, I am not sure why I assumed that now that I think about this case! If I park my vehicle at the local mall parking lot, I assume no such responsibility on the part of the mall and if my car is broken into there I know it's all on me.



I would suspect one would have to somehow prove negligence on the part of the dealer (bad security, they left the car open...the latter not being the case here).



Waiting to hear from others...



TJR
 
If the vehicle was locked then I would say that her insurance is the one to pay the bill.



In Ohio any repair facility ONLY has to showw reasonable means of security for your vehicle....



By locking the doors they have done so.



Does it suck? You bet. But it is what it is....
 
The dealer is not responsible. The vehicle's owner is.



On the other hand, if the dealer is anything responsible at all, they would remedy the situation in good faith, but they are not required to. When I mean "anything responsible" I mean that they say "we are sorry for what happened and would like to make it right to keep you as a customer".



Tom
 
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Every location that I have ever had to leave a vehicle had some sort of sign that stated something like "not responsible for lost or stolen valuables in vehicles". This is probably their defense and the insurance company will want a police report. If the criminal is caught, the insurance company will have to sue the individual.



I agree with 23ballistic though, make a big stink and they'll probably give. You'll have to prove what was stolen.
 
If you're at the mall, you're still in possession of the keys and thus the vehicle. Once you turn over the vehicle and keys to someone else, they should be responsible. Does the dealer not have insurance to cover things happening on their lot?
 
I am an insurance adjuster for homes. There are some slight differences between auto and property but in general; as an individual your insurance is responsible for your property and must take care of your damage per the policy provisions. Now after your insurance takes care of you which must be done first your insurance can then look for at fault parties for possible subrogation. If for instance it could be determined that the dealership was in some way responsible then your insurance will subrogate against their insurance and if their insurance reimburses your insurance then you will receive your deductible refunded to you. This happens all the time in home property losses for instance when that new dishwasher blows a seal and floods a home or that plumber soldering a joint catches the house on fire. Your insurance must pay for the damage first so you don't suffer a loss over a period of time and then go after the responsible parties for possible reimbursement (subrogation).
 
A few years ago a buddy of mine had his ranger at a car lot on consignment and it was broke into they stole the cd player that was a base model pioneer and the tweeters. The window cost more to replace than what they stole. Anyways the car lot didnt cover it but they did vacuum out the glass the best they could.
 
99% of the time a dealership has the " not responsible for items left in the vehicle" disclaimer either on the wall or on the work order you SIGN.....
 
Me has the right of it. It's up to your insurance to reimburse you, and then up to them whether or not they want to go after the dealer for subrogation.



"Me has the right of it." That name just makes these statements look wrong. :)
 
You will have to claim it with your insurance company. The dealership is not responsible for customer vehicles on their lot. Even when techs are road testing the vehicle and tey're in an accident your insurance will have to cover them, then your insurance company will have to fight with the dealerships insurance company.
 
Thanks all. I'll tell her the bad news.



I tried to get her and her hubby to lemon law that turd 2 or 3 months ago. :D
 
Yeah, STylin' It was installed in/on the headliner. It's a k-k-k-kia minivan.
 
I've got a 98 Kia Sportage that my son drives. Wish I could get someone to steal the whole vehicle. What a piece of crap.
 
I had a bad experience about 12 years ago. I had two 15 inch subs, Alpine head unit, and air bags stolen from a dealership lot. It was a Ford Dealer the didn't give a darn about helping us out. Ford Corp didn't care as did the dealer. Your responsible for any items left in the car. But The moron's that broke in left finger prints and blood from breaking the glass. They were caught and are still in prison for other crimes as well.



I actually pull the Adrenalin head unit and take everything out before I leave the ST for service.
 
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The dealership is NOT responsible. The issue is one of neglience and based on the fact the vehicle was on the lot, and locked, you will need to go through your auto insurance. Oridinary neglience is not enough to collect from the dealer. It must be gross neglience, i.e. the vehicle's window was left open, and the keys were left in the car overnight... The dealer won't help you at all; even "good faith." Any payment may been seen as an admission of liability. Sorry.
 
Of all the shops I been to, the paperwork always had a disclaimer in fine print that they were not resposible for loss.
 

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