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Car stolen while being worked on

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mr_computer_pro

Junior Member
What is the name of your state? CO

I have a car I've been fixing up for the last few years. Put a new engine in, carburetor, etc. It only needed fine tuning to pass emissions. I took it to a shop for work and while it was there, someone stole the car, set it on fire, and the business simply tells me that they aren't responsible and denie and liability.

More less, I've had this car sitting outside for years while I work on it. I take it to this guy to be fixed, it's stolen and destroyed and now I'm to pay fees to get my piece of toast car out of the pound and walk away.

I only had liability insurance and he says he's not liable in any way because he secured the car. I would think securing the car would mean that he lock it up inside the garage? Anyway, he's given me no paperwork, contract, and he even still has my keys.

I think I need to sue him? Does anyone know if he's liable or not? Can I get reimbursment? Can I also get attorney fees? I would think he has insurance for this but doesn't want to turn it in because his rates will go up.
 


ecmst12

Senior Member
But you'd have to prove he was negligent. And just the fact that your car was stolen is not proof of negligence.
 

Just Blue

Senior Member
What is the name of your state? CO

I have a car I've been fixing up for the last few years. Put a new engine in, carburetor, etc. It only needed fine tuning to pass emissions. I took it to a shop for work and while it was there, someone stole the car, set it on fire, and the business simply tells me that they aren't responsible and denie and liability.

More less, I've had this car sitting outside for years while I work on it. I take it to this guy to be fixed, it's stolen and destroyed and now I'm to pay fees to get my piece of toast car out of the pound and walk away.

I only had liability insurance and he says he's not liable in any way because he secured the car. I would think securing the car would mean that he lock it up inside the garage? Anyway, he's given me no paperwork, contract, and he even still has my keys.

I think I need to sue him? Does anyone know if he's liable or not? Can I get reimbursment? Can I also get attorney fees? I would think he has insurance for this but doesn't want to turn it in because his rates will go up.

Where was the car stolen from? A lock enclosure or had the service shop parked the car on the street?
 

moburkes

Senior Member
But you'd have to prove he was negligent. And just the fact that your car was stolen is not proof of negligence.
No, he doesn't. He only needs to prove that they HAD the vehicle, and didn't return it back to him. They have the responsibility as the bailee to care for the vehicle, and then to return it.

I'd sue.
 

teflon_jones

Senior Member
No, he doesn't. He only needs to prove that they HAD the vehicle, and didn't return it back to him. They have the responsibility as the bailee to care for the vehicle, and then to return it.

I'd sue.
And you'd lose. The repair shop is not responsible for the actions of the thief that stole the vehicle.
 

Zigner

Senior Member, Non-Attorney
The repair shop is not responsible for the actions of the thief that stole the vehicle.
UNLESS our op comes back and tells us the car was just left on the street. Reasonable care needs to be taken by the shop - that's all.
 

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