Car Vandalized at mechanics custody

[anoop]

What is the name of your state? INDIANA
My car broke down on my way home from office at about. I parked it at nearby parking lot and went to the mechanic for help. He promised to tow the car to his shop and get it repaired. I called him again around 4.30pm and he was yet to tow it. At reminder he got it towed to his shop, but had closed his shop and left before the tow truck came in. On the same evening somebody broke into the car, and took off my new car stereo, breaking my window glass.
Now he claims that he is not responsible and showing all big boards saying "not responsible for theft in car" outside his shop. But I feel it all happened because of his negligence as he was the only one in posession of my car at that time. He himself had towed it and parked at a theft prone place, neglected my car by not waiting for the tow truck. I would not have done that if I had the keys.
I want to make sure he is responsible before I go for a claim. Please help.

[DRTDEVL]

And how does this apply to the Lemon Law in your state???

[anoop]

I know that my case doesn't fall under the lemon law. But I don't know which is the right category for that. Could u advise?

[anoop]

I am prepared to file this case at the small claims court. Can't find forum this category.

[DRTDEVL]

Check in the consumer contracts, guarantees, and warantees forum... You cause of action may not be with the shop, but with the towing company. You hired them to tow it to the garage, not to the street in front of the garage.

If the shop owner hired them to tow it there, then he *may* or *may not* be liable... Depends on the policies of the shop, and conspicuous postings. Had you not been to the shop in person prior to this, I am unsure how to proceed.

[anoop]

Thank you for your reply. I had personally approached the mechanic and he promised to get the towing done. I handed over the key and came back. He hired the towing company, but billed for that under his receipt. He closed the shop and went before the tow truck came in
I will post this under the section you suggested.

[steveatx]

Triple post.

[url]http://forum.freeadvice.com/showthread.php?p=1450221#post1450221[/url]

[url]http://forum.freeadvice.com/showthread.php?p=1450219#post1450219[/url]

[url]http://forum.freeadvice.com/showthread.php?p=1450045#post1450045[/url]

[teflon_jones]

The towing company and the shop are not responsible for the actions of the burglar. You have no case based on your posts.

[anoop]

Thanks for the reply. I understand that the mechanic is not responsible for the burglar's act. But what about his negligence to leave the car at a place which he himself knew was highly theft-prone. His own words and the board saying "No responsibility for theft" in front of his shop proves that. As he was in full posession of the car, shouldn't he have waited for the tow truck to come in and keep the car at a safe place. Can't I claim that this was the factor which lead to the theft?

[Zigner]

You don't want to accept the (accurate) responses you have received. So, why don't you go ahead and file a small claims suit for the damages. Worst that can happen is you can (and probably will) lose, right?

[DStaub]

The other posts appear to be correct based upon the few facts that we have, but I would point out that courts often refuse to enforce waivers where the damages are due to gross negligence or recklessness of the person seeking the benefit of the waiver. Gross negligence is such severe carelessness that it shows virtually total disregard. For example, if the mechanic left the car in the middle of a busy street and it was struck by another car, the waiver might not protect him. Here, however, you seem to be saying that he was simply negligent, and the waiver should get him off the hook for that.

Forum posts are for information only and are not legal advice.

[stephenk]

If there have been previous car burglaries or thefts in the mechanic's neighborhood and the mechanic knew about it, the mechanic may be liable for not placing the car in his shop. A bailment was created when he took the car and he is responsible for returning the car in the same condition it was given to him.