radio/gps theft on auto repair lot - NJ

This was in NJ. I left my car to be repaired for $900 and told the people that it would be a month before I could pick it up. They agreed. After 1 month, I could not pick it up because i did not have the money and was not in the country for another 20 days. I told them this and they were not happy because they said they were "concerned about being responsible for the car." I told them I could have someone drop off $500 then and that I would be back in 20 days with the rest of the money to pick up the car. They reluctantly agree.

Fast forward 20 days. I arrive with the remaining money to pick up the car, only to find that a few days earlier the diver side window was smashed in and the in dash gps/radio head unit was stolen (valued at nearly $1500). They tell me I am responsible because I should never have left the car there that long. The guy I talked to on the phone claims to have agreed to keep the car the additional time as long as they were not responsible. This is a lie as I never aggred to this condition and I definatly did not sign anything that released them from liability. (neither did the party who dropped off the $500)

So I file a separate police report with information on the actual stolen unit and take the car to be repaired elsewhere. I plan to take them to small claims court and will be filing the paperwork as soon as I have the exact $$ figures for the window and radio replacement and installation. I can not afford a lawyer and I have never been to court outside of traffic offenses. What should I expect and do you think I have a chance. Also is there any president or bit of information I should bring to the attention of the court - or do I watch too much law and order? help...

You will have to prove that the shop was somehow negligent in the care of your vehicle. The fact that it got broken into is NOT enough to prove this.

You do not need to waive the shops liability, for the shop to have no liability.

In all likelihood the shop had no liability for break ins from day one, or certainly from after the repairs were completed.

You had expensive aftermarket extras. Did your auto insurance policy cover them specifically.

It is always wise to have specific insurance rider on your policy for any equipment that is not factory stock.

The additional costs of such riders should factor into your affordablity decision matrix.

Also, just wondering, why did you have 1500 dollars worth of gear in a car when you couldn't afford 900 in repairs?

xylene said:

You do not need to waive the shops liability, for the shop to have no liability.

In all likelihood the shop had no liability for break ins from day one, or certainly from after the repairs were completed.

You had expensive aftermarket extras. Did your auto insurance policy cover them specifically.

It is always wise to have specific insurance rider on your policy for any equipment that is not factory stock.

The additional costs of such riders should factor into your affordablity decision matrix.

Also, just wondering, why did you have 1500 dollars worth of gear in a car when you couldn't afford 900 in repairs?

Click to expand...

I'm going to go out on a limb, and say that the only "matrix" he was thinking about starred Keanau Reeves!

xylene said:

Also, just wondering, why did you have 1500 dollars worth of gear in a car when you couldn't afford 900 in repairs?

Click to expand...

AND, why would he leave that equipment in plain view of a vehicle that was going to be empty and parked at some lot for over a month?

dam

sounds like i am screwed - great