Mechanic Troubles

[d_33vl_1]

So heres the story.

My mate has his car at a workshop, (prefer not to name the workshop, as he has good rep and plenty of support on the site)

and while its in the mechanics possession, the car was left outside behind locked gates.

Now, the cars been broken into and 7k plus worth of goodies stolen from it.

The big question here is, who's at fault. The mechanic as its in his possession, or my mate as he left it w/ the mechanic.

Just like some feed back rom you guy's as the mechanic is taking no responsibility beacuse legally you leave your car agt a shop at your own risk?!?!?!???!?!?!?!

Any feed back wouyld be great

[Johnny]

I was under the impression that mechanics must have insurance for customers cars.

[MattD]

I was under the impression that mechanics must have insurance for customers cars.

I have heard recently that this policy only applies within the work shop. Could be wrong.

Something similiar happened recently to Primal Garage and the customers car wasn't covered because it was outside.

If it's a reputable business, either way, I'm sure they'd have no problem footing the bill.

[Jack-]

This happened to my mate as well. He left it at a workshop and they put it around the back behind locked gates. They broke in put his car on bricks stole his rims, his headunit and other crap. Think it woulda been an inside job. His insurance covered it

[llama_au]

Unfortunately your mate will get nowhere chasing the workshop. Insurance for the car is the owner's responsibility, not the shops. They didn't breach their duty of care as it was behind gates, it's not like they just left it on the street. A workshop's insurance doesn't normally extend to the cars kept inside the grounds.

Read about what happened to Primal Garage when they got broken into.

Sorry to say.

Edited August 28, 2008 by llama_au

[HEKT1K]

funny how when something like this happens, the workshop will wash their hands of all responsibility, but watch exercise a lien over your car [ie. keep it!] if you fail to come up with the cash at the end.

however, assuming they took reasonable steps to secure the car, i'd say they won't be forced to cough up. private insurance would be the way to go.

[West]

I believe the Workshop and its Insurer should be liable for it or at least pay for the stolen good at a good will, unless your mate's insurer is willing to cover the lost.

[drboost]

It's just the same as having ur car parked in a parking lot.

the parking lot owner doesnt cover your car if some1 strips it there,

thats why you need to have your own insurance.

[R33GOD]

cars are stored at owners risk.

which is what ive always known

[R31Nismoid]

Doesnt the car/owner have his own insurance?

A "meet you in the middle" type thing would be workshop pays the excess and thats that.

In my eyes anyhow

[paulr33]

owner onus applies at all times, wherever you park your car

in the street, out the front of your house, at the carpark at the train station, at the shops, at a workshop, at the MCG

it doesnt matter - owner onus always applies

so your mate should make a claim with his insurance company and problem solved

[paulr33]

I believe the Workshop and its Insurer should be liable for it or at least pay for the stolen good at a good will, unless your mate's insurer is willing to cover the lost.

this is not possible, the workshop isn't liable in that way.

if the workshop is open to liable for this sort of thing you would have to sign an agreement at the time the car was taken into the workshop.

as no workshop in the right mind would take liabiltiy for a customers car regardless of where its stored it wouldnt apply

so if you take your car to workshop you should have insurance for it

[PAV34]

Just like parking lots have 'conditions of entry', shouldnt workshop have something similar, at least a warning to the customer?, 'you can leave your car here but we are storing it outside'. The customer has a right to know i think.

I bet if this scenario happened to the people who have said 'vehicle owners problem' they would think differently. Defenitely.

I think 50/50 is fair, as its a fine line.

[paulr33]

i dont think its "thier right" to be told this.

why would you imply their insurance instantly protects your car?

[Skyenate]

Sorry about your friends car. That really sucks.

I recently had to leave mine in the workshop. I specifically asked where it would be because someone could easily jump the fence and take what they wanted off it/out of it. We all know Skylines are targets so I would rather have taken it home and brought it back if it was to be outside because I dont leave my car anywhere, let alone overnight.

They said it would be locked inside the garage on the hoist because 'apparently' all the wheels were off and they couldnt get parts that day. I was fine with that, figured it was safe.

( btw, as a side note, it rained that night... )

Interestingly enough, when I picked it up the next day it was filthy ( you know, like say, it had been left out in the rain??? ) Lucky nothing happened to it, but I wasnt impressed because: a) I had just paid a fortune to have it professionally detailed 3 days before and: b) They told me it was going to be inside when it was just left out...

Good to know Im up for excess if something happens to it while in their grounds though, I didnt know that!

[d_33vl_1]

the first thing i said to him was go thru private insurance...

but being the smart intelligent boy he is, his wolf3d and cooler kit etc was not under insurance...

personally if a customer had just spent the best of 15k w/ me and something happend to his car like this

i'd be doing my best to meet him 1/2 way where i could... not go get my own lawyer in preperation for a battle...

[Kozeyekan]

There is a difference between parking a car in a car park, and leaving the car in someone elses possession.

The garage had the keys, they had taken temporary possession of the car. Failure to even use any security systems besides a $12 pad lock and some steel mesh would not seem adequate for most cars.

If your mate borrowed your car, and crashed it, He'd be liable, as it's in his possession, with, or without your permission.

A case could be made for either party, though I think it's a bit harsh for the workshop to park it wherever they like, then deny all responsibility when it goes pear shaped.

I'd be getting legal advice if I were you, but don't try and be a hard-arse, or think that you'll be able to sue them and retire rich. See if you can come to an agreement where the missing parts are replaced at a discounted rate, and you'll save yourself a lot of hassle. Threatening to sue and stuff only pisses people off more.

[~R33AzzA~]

I agree with Kozeyekan. Get some legal advice and try to negotiate an agreement of 50/50.

[carizma]

Mechanic is liable 100%.

They probably don't want to be liable, but they are.

So heres the story.

My mate has his car at a workshop, (prefer not to name the workshop, as he has good rep and plenty of support on the site)

and while its in the mechanics possession, the car was left outside behind locked gates.

Now, the cars been broken into and 7k plus worth of goodies stolen from it.

The big question here is, who's at fault. The mechanic as its in his possession, or my mate as he left it w/ the mechanic.

Just like some feed back rom you guy's as the mechanic is taking no responsibility beacuse legally you leave your car agt a shop at your own risk?!?!?!???!?!?!?!

Any feed back wouyld be great

[Kozeyekan]

I agree with Kozeyekan. Get some legal advice and try to negotiate an agreement of 50/50.

I actually had a chat to a lawyer friend and he said the mechanic was liable. He said something about it being a "bail-let" or "Bailent" or some other legal term.

It boils down to the fact that they took possession of the item, whilst doing services you were paying for. They were hired to do a service, and return the car in the same condition as it was when you deposited it (with whatever work done as you'd expect)

How the damage happened is largely irrelevant, it could be that when moving the car, they hit a pole, or that they had a portion of the roof collapse, it's all the same, or, as in this case, someone busted into it.

seek proper legal advice if they do not come to the party. I expect that they'd not want to go to court, as damages to the car is covered by insurance, your court costs (which you can recover in your suit) are not covered by most insurances.

Be cool though, don't go in expecting a pay day. Have a value on items to be replaced, and have that as your goal.