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re: OT liability question. Car vandalized at a repair shop UPDATE

Posted on 7/24/18 at 11:42 am to
Posted by poochie
Houma, la
Member since Apr 2007
6765 posts
Posted on 7/24/18 at 11:42 am to
How does it work if you drop off your car for repair work the next day and put your keys in the slot? Who has custody?

Posted by sleepytime
Member since Feb 2014
3907 posts
Posted on 7/24/18 at 11:58 am to
Does the shop also do paint and body work? If so, it sounds like the owner is creating work for his business.
Posted by Placebeaux
Bobby Fischer Fan Club President
Member since Jun 2008
51852 posts
Posted on 7/24/18 at 12:04 pm to
Are you just guessing that or do you know for a fact?
Posted by tigersbb
Member since Oct 2012
12939 posts
Posted on 7/24/18 at 12:08 pm to
If you made arrangements with the shop and they accepted your vehicle for repairs with the understanding youwould leave it on their premises overnight then their garagekeepers liability insurance would cover the loss.

If you just parked it there with the intent to arrange the repairs the next day then youhave no claim other than a comprehensive claim under your own policy if you have that coverage.
Posted by cas4t
Member since Jan 2010
72157 posts
Posted on 7/24/18 at 12:11 pm to
quote:

dropped it off for repair



this is covered under a garagekeepers liability policy. You should be fine. Shop should report the damages and ensure their policy covers vandalism, which it very well should. Either way, insured or not, they are on the hook.
Posted by cas4t
Member since Jan 2010
72157 posts
Posted on 7/24/18 at 12:12 pm to
quote:

File a comp claim, pay your $100 and move on with life.

ETA Let me add that you do this in order for your car to be repaired sooner than later, and let your insurance company deal with getting their money back.


I doubt the adjuster will pay this one. He should be paid by the shop in a matter of days anyways.
Posted by slackster
Houston
Member since Mar 2009
91838 posts
Posted on 7/24/18 at 12:12 pm to
quote:

How does it work if you drop off your car for repair work the next day and put your keys in the slot? Who has custody?


I'd imagine you're on the hook for it until they take possession of the vehicle.


I'm not an attorney.
Posted by cas4t
Member since Jan 2010
72157 posts
Posted on 7/24/18 at 12:18 pm to
quote:

If the shop has Garage Keeper Liability, think there is a fence requirement, hope you have comprehensive



you're thinking of open lot coverage for auto dealers and whatnot. Not all repair shop GK coverage requires a fence.
Posted by Placebeaux
Bobby Fischer Fan Club President
Member since Jun 2008
51852 posts
Posted on 7/24/18 at 12:22 pm to
I believe garage keeper insurance is for damage they do to the car, not a vandal.
Posted by cas4t
Member since Jan 2010
72157 posts
Posted on 7/24/18 at 12:25 pm to
quote:

I believe garage keeper insurance is for damage they do to the car, not a vandal.



nope, theft and vandalism are covered. Unless they buy the shittiest GK policy available.
Posted by ShootingsBricks4Life
Member since May 2017
2601 posts
Posted on 7/24/18 at 12:27 pm to
quote:

I believe garage keeper insurance is for damage they do to the car


What can be done if one place messes up your car when they repair it? Made the payment and a week later it was busted. Brought it to a 2nd place who confirmed it was them who messed it up and fixed the problem caused by the 1st place. Can you fight to get that money back from place 1? Take them to court?
Posted by cas4t
Member since Jan 2010
72157 posts
Posted on 7/24/18 at 12:30 pm to
quote:

Can you fight to get that money back from place 1? Take them to court?


yes
Posted by Placebeaux
Bobby Fischer Fan Club President
Member since Jun 2008
51852 posts
Posted on 7/24/18 at 12:31 pm to
You sure?
Posted by cas4t
Member since Jan 2010
72157 posts
Posted on 7/24/18 at 12:32 pm to
quote:

You sure?



Technically, I can't be 100% sure, because every insurance policy can be different.

But I have never seen a GK policy that didn't cover vandalism. Ever.

eta there are 3 ways to write GK, all of which should cover vandalism.
This post was edited on 7/24/18 at 12:36 pm
Posted by PearlJam
NotBeardEaves
Member since Aug 2014
13908 posts
Posted on 7/24/18 at 12:34 pm to
quote:

believe garage keeper insurance is for damage they do to the car, not a vandal
why are you pretending you aren't the garage keeper here?
Posted by Placebeaux
Bobby Fischer Fan Club President
Member since Jun 2008
51852 posts
Posted on 7/24/18 at 12:41 pm to
I never said who I was

There have been a lot of assumptions in this thread
This post was edited on 7/24/18 at 12:42 pm
Posted by Placebeaux
Bobby Fischer Fan Club President
Member since Jun 2008
51852 posts
Posted on 7/24/18 at 12:41 pm to
What if they dont have that coverage?
Posted by cas4t
Member since Jan 2010
72157 posts
Posted on 7/24/18 at 12:44 pm to
quote:

What if they dont have that coverage?



they are still liable and should fire whoever placed their insurance on their behalf. If their agent offered it, and they didn't accept it, they are too dumb to run a business. It's undoubtedly their most glaring exposure, and buying adequate insurance is their duty as a business owner.

I really hope you're not the shop owner who didn't buy GK.
This post was edited on 7/24/18 at 12:48 pm
Posted by ShootingsBricks4Life
Member since May 2017
2601 posts
Posted on 7/24/18 at 12:49 pm to
Welp, looks like this person is going to court. First place charged $700....2nd place charged $650 to fix everything up. It was at the VW place on vets. VW place on westbank fixed everything.

Again, not my car but know the situation well.
Posted by madmaxvol
Infinity + 1 Posts
Member since Oct 2011
22171 posts
Posted on 7/24/18 at 12:52 pm to
quote:

This is why rental places tell you they're not liable for damages if anything happens to a drop off overnight.



While you are parking your car at the rental car place, they are not "in possession" of your vehicle. If you are dropping your car off for repairs, then they are "in possession" of your vehicle. Two completely different scenarios.
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