- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
1
Posted on 7/24/18 at 1:06 pm to LSUTigerFan247
Did you sign anything when you dropped it off
If you did, I'm sure they have something that indicates they would not be responsible without really telling you
If you did, I'm sure they have something that indicates they would not be responsible without really telling you
Posted on 7/24/18 at 1:06 pm to Placebeaux
google "care, custody and control"
Posted on 7/24/18 at 1:23 pm to cas4t
quote:
Court cases dealing with the CCC exclusion typically rule that control exercised by the insured must be exclusive, meaning the insured must have total control not shared with any other entity in order for the exclusion to be applicable
The shop nor person 1 had exclusive control of the car
Posted on 7/24/18 at 1:30 pm to Placebeaux
i will say in the least repair shop is responsible for deductible and most likely the 2 insurance companies will battle it out
Posted on 7/24/18 at 1:31 pm to Placebeaux
quote:
The shop nor person 1 had exclusive control of the car
how do you figure?
look, I've seen this play out a lot of times. Maybe a judge sides with the shop because he just wants to. But I've never seen it. And I've seen a lot of these claims. Good luck.
Posted on 7/24/18 at 1:37 pm to cas4t
Both parties had control of the car.
Posted on 7/24/18 at 1:43 pm to Placebeaux
quote:
total control not shared with any other entity
this doesn't mean what you think it means. CCC comes down to how you answer 3 questions. DO you have:
quote:
Care: to have temporary charge, or temporarily having the responsibility of watching over property
Custody: implies safekeeping of property
Control: refers to having power over property
all 3 are yes' in the repair shop world. This is a non-issue if you purchase GK coverage.
Posted on 7/24/18 at 1:47 pm to Placebeaux
which parties? If the car was dropped off at the shop, the car owner is releasing control of the vehicle to the shop. This is referred to as a bailment relationship.
Keep in mind that even if you have not been paid yet, the purpose of the car being dropped off is for repairs that result in exchanging money. The shop is on the hook.
LINK
Keep in mind that even if you have not been paid yet, the purpose of the car being dropped off is for repairs that result in exchanging money. The shop is on the hook.
LINK
This post was edited on 7/24/18 at 1:51 pm
Posted on 7/24/18 at 1:49 pm to Placebeaux
If I call 444-4444 is this how you will handle my case?
Posted on 7/24/18 at 1:53 pm to cas4t
quote:
Keep in mind that even if you have not been paid yet, the purpose of the car being dropped off is for repairs that result in exchanging money. The shop is on the hook.
The car was dropped off to get checked at no charge.
Posted on 7/24/18 at 2:02 pm to Placebeaux
quote:
The car was dropped off to get checked at no charge.
could be the shop's only out in this instance, but given most repair shops will run a diagnostics or simply check out the car for free, it's a bit hard to argue because it's known that whatever the shop finds in it's free inspection would then result in charging for the repair.
Either way, the shop has CCC. If a judge were to think the shop was grossly negligent (left car in vulnerable area instead of behind a locked gate) he could very well rule that the shop is responsible for the damages. Which is what I've seen.
It's worth noting all of this is likely going to cost more to defend than it would to have the car repaired.
Posted on 7/24/18 at 2:37 pm to cas4t
Paint thinner spilling on a car at a paint and body shop makes me think an employee was involved in the damage too.
Posted on 7/24/18 at 2:49 pm to PearlJam
or it was the car owner.
Scenario: car owner gets car diagnosed from Joe's Repair shop, only to find out it's going to cost him more than he can afford to pay to have it repaired.
So he goes to Bob's Repair next, asks them to diagnose, even though he knows what the issue is, and then later that night after the shop has closed he returns and dumps paint thinner all over his car, in hopes of getting a check for the repairs so he can use that money to get another vehicle.
This is why it's so important to lock up vehicles in your CCC before you go home. You are liable for damages, and vulnerable to insurance fraud. Security cameras are a must.
Scenario: car owner gets car diagnosed from Joe's Repair shop, only to find out it's going to cost him more than he can afford to pay to have it repaired.
So he goes to Bob's Repair next, asks them to diagnose, even though he knows what the issue is, and then later that night after the shop has closed he returns and dumps paint thinner all over his car, in hopes of getting a check for the repairs so he can use that money to get another vehicle.
This is why it's so important to lock up vehicles in your CCC before you go home. You are liable for damages, and vulnerable to insurance fraud. Security cameras are a must.
Posted on 12/4/18 at 4:56 pm to cas4t
Update: Got a summons for small claims court. Brought it to my lawyer and told him to send it to big boy court. Plaintiff never responded. Guess he though he could get a free paint job.
Posted on 12/4/18 at 5:04 pm to Placebeaux
quote:
Placebeaux
So you ARE the shop owner
Posted on 12/4/18 at 5:05 pm to RazorBroncs
Posted on 12/4/18 at 5:14 pm to nicholastiger
Placebeaux is the shop owner
Page 3 of 3
Popular
Back to top
Follow TigerDroppings for LSU Football News