car stolen from auto repair lot— Illinois

[robzilla]

Illinois

On Monday 7/9/07, I dropped off my 2007 Lexus RX400h (2,000-ish miles) for a body damage repair at a very reputable specialist (PRO contract). I spoke with them the morning of Thursday, 7/12/07 to check that all was on schedule for Friday PM pickup, and I was assured that all was fine.

At noon that same day, I received a call from my rep, in full panic mode... my car is missing off their lot. It turns out that their custodial policy is to leave all "inactive" vehicles on the outdoor, fenced lot, with the gate wide open, with all cars unlocked and keys inside the car. They "have always done it this way, for 15 years", and rely solely on their personnel in and out movements as security while the gate is open... no cameras, no security personnel whatsoever during the day. The gate is locked at closing, with barbed wire at the top.

The police were on the way, they had contacted their insurance, yada-yada.

So 1) naturally, if the car turns up, I presume that their insurance covers any damage and more importantly, 2) if it turns up badly damaged, do I have a chance at full replacement or 3) if it does not turn up, should I expect a brand new vehicle?

I do not have the full replacement option on my insurance contract. Should I be pursuing damages for negligence?What is the name of your state?

 

[Zigner]

You can expect the shop to take responsibility for this. However, you won't get a "brand new" vehicle. You should get financial compensation for the full fair market value of the vehicle. That will be less than what a "brand new" car is...

 

[NJInjury]

Their insurance is responsible for the value of the vehicle at the time it was in their posession. that means, it's used with 2000 miles on it.

If it turns up badly damaged, their insurance has the option to repair it (if it's worth it) or declare it a total loss and pay you fair market value.

If it does not turn up they will pay you fair market value.

In no way will you receive a new replacement vehicle. Whatever the repair shop wants to do above and beyond what their insurance does would only be in the interest of good customer service. That's why they have insurance. If you want to pursue negligence in small claims court due to the fact that they leave cars unlocked with keys in them (do you have proof of this to present to the court?), to make up any difference between what you get and what the car cost you, you are free to explore that option.

If you have a loan and you owe more than the fair market value of your vehicle, that sucks. You will be expected to pay the difference to clear the loan.

What does your insurance say about your situation? Do you have gap insurance? You should contact your insurance.

I'm no expert and if I have stated anything in error, I appreciate others who are more knowledgeable than I providing clarification or omission of information.

 

[racer72]

Their insurance is responsible for the value of the vehicle at the time it was in their posession. that means, it's used with 2000 miles on it.

Also, include the previous body damage. That would be the condition of the vehicle at the time it disappeared.

 

[robzilla]

Paid cash, so no loan issues. Would not my insurance company pursue their company for the work that was required (and partially completed) on the vehicle?

I figured small claims for the negligence... I have the word of their employees plus the police report that the keys were in the vehicle.

 

[Zigner]

Paid cash, so no loan issues. Would not my insurance company pursue their company for the work that was required (and partially completed) on the vehicle?

I figured small claims for the negligence... I have the word of their employees plus the police report that the keys were in the vehicle.

You are entitled to what your vehicle is worth.

 

[moburkes]

Paid cash, so no loan issues. Would not my insurance company pursue their company for the work that was required (and partially completed) on the vehicle?

I figured small claims for the negligence... I have the word of their employees plus the police report that the keys were in the vehicle.

I don't know what you mean. You are responsible for the previous damages. They are responsible for the new damages.

 

[robzilla]

Okay.... if putting the vehicle in the shop's hands with the full expectation, under my insurance company's contract with the shop, to receive a perfectly repaired vehicle (minor body damage only) at time of pickup, how can the shop's insurance company consider it to be a damaged vehicle in calculation of compensation?

 

[moburkes]

Okay.... if putting the vehicle in the shop's hands with the full expectation, under my insurance company's contract with the shop, to receive a perfectly repaired vehicle (minor body damage only) at time of pickup, how can the shop's insurance company consider it to be a damaged vehicle for sake of compensation?

The ONLY contract your insurance company has with the shop is to give them discounted rates in exchange for lifetime guarantee of work. Any other contract is illegal.

Their responsibility, by law, is to return your vehicle to its pre-accident condition.

 

[robzilla]

.... how can the shop's insurance company consider it to be a damaged vehicle in calculation of compensation?

... from my earlier note... anybody have an answer to this?

 

[poohluvr]

If the damage was let's say $2000 before stolen, and you say they would only have to pay for the value of the car minus the $2000, wouldn't the insurance owe the owner the $2000?
If the vehicle was completely repaired wouldn't they owe them for the whole present repaired value of the car, not the $2000 less, and the insurance would pay the body shop the $2000?
Just curious.

 

[racer72]

I figured small claims for the negligence... I have the word of their employees plus the police report that the keys were in the vehicle.

Small claims will not hear a case for negligence. SMC is for actual monetary damages, a claim of negligence is an arbitrary amount that would have many difference issues and there is no way to put a exact dollar amount on that. If you are in Chicago, SMC is even more restrictive on what cases can be heard and has a very low maximum threshhold.

 

[moburkes]

Okay. Maybe I misunderstood the original question. If the vehicle was repaired, was stolen, and then received additional damage, you are still responsible for the original repair. Yes, it would be nice of them to waive it, but there is no law that requires it.