Please advise

California

Here is what happened. My car was hit by some one at parking lot, it is solely the other party's fault. Their insurance company agreed to pay for all the damages and brought my car to a body shop for repair. But while the car was in the body shop, some one broke into my car and stole the stereo in my car along with other damages. My question is: what would be responsible for this new damage. Is the body shop because my car was on their property or the insurance company, because it is their responsibility to restore my car to previous state. This is a real case.

[I AM ALWAYS LIABLE]

Originally posted by hye_98
California

Here is what happened. My car was hit by some one at parking lot, it is solely the other party's fault. Their insurance company agreed to pay for all the damages and brought my car to a body shop for repair. But while the car was in the body shop, some one broke into my car and stole the stereo in my car along with other damages. My question is: what would be responsible for this new damage. Is the body shop because my car was on their property or the insurance company, because it is their responsibility to restore my car to previous state. This is a real case.

My response:

Two issues come into play in this scenario - -

1. Did you sign a repair order?

2. If yes, did the repair order contain a "limitation of liability" right above, or to the side of, your signature?

When a mechanic has your car in for repair, that temporary possession is called a "bailment." When a customer is paying for the repairs, that type of "bailment" requires great care; e.g., proper safety measures must be taken to protect the property from harm, such as the car must be protected behind a fence or locked inside a garage.

But, the liability imposed by a "bailment" can be waived by the customer by signing a "limitation" or "waiver" of liability (See #2, above).

If #2 is true, and in the absence of gross negligence, or malice, fraud or oppression, the mechanic is not liable for the theft. Your insurance company is on the hook under your "comprehensive" coverage.

IAAL

Thanks for your quick response. I did sign a repair order as I remembered, but I did not get a copy of that so I donot know what is on it now. The car was kept behind the fences(actually two fences). They said they will call the other party's insurance company and find out a solution.

I checked what I got from that car body shop. The only thing I signed seems to be a check in sheet, several lines,very simple, which only stated my car's conditions and what need to be repaired, along with cost estimation. I can not find the "limitation of liability" you mentioned. Does it mean that the body shop should be responsible for that instead of insurance company? Thanks for reply.

[I AM ALWAYS LIABLE]

Originally posted by hye_98
I checked what I got from that car body shop. The only thing I signed seems to be a check in sheet, several lines,very simple, which only stated my car's conditions and what need to be repaired, along with cost estimation. I can not find the "limitation of liability" you mentioned. Does it mean that the body shop should be responsible for that instead of insurance company? Thanks for reply.

My response:

Okay, here's your next step.

You need to make contact with the California Bureau of Automotive Repair - -

Click on this - -

[url]http://www.smogcheck.ca.gov/StdPage.asp?Body=/consumer/FileComplaint.htm[/url]

They can be extremely helpful.

IAAL

Thanks again for your reply. I AM ALWAYS LIABLE, you did an excellent job! I will keep that website in mind just in case. As long as they can work out some solution and I am not paying for it, I would be happy with it. People at that body shop seem to be very nice.

[I AM ALWAYS LIABLE]

Originally posted by hye_98
Thanks again for your reply.


"I AM ALWAYS LIABLE, you did an excellent job!"

MY RESPONSE: You expected something less, maybe?


"I will keep that website in mind just in case."

MY RESPONSE: That's great! The Bureau people are terrific.


"As long as they can work out some solution and I am not paying for it, I would be happy with it."

MY RESPONSE: The Bureau doesn't charge one, thin, dime. As far as I'm concerned, it's the one thing that Ronald Reagan did right in his political life when he was Governor of California - - by creating the Bureau of Automotive Repair.



"People at that body shop seem to be very nice."

MY RESPONSE: . . . and so are the fine contributors at FreeAdvice. We work for free, too !