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Auto Theft Coverage

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GARY MCELHATTON

Guest
my vehicle was being serviced at a dealership when it was stolen right out of the service bay. my insurance company is telling me i am responsible for the $500 deductible. is the dealership liable for this amount due to their neglegence in allowing the car to be stolen while in their possesion?
 


ALawyer

Senior Member
Probably, BUT the way it works is if your insurance company pays you IT takes over your rights to go after third parties who may be responsible (it's called subrogation) such as the actual thief and the possibly negligent garage.

Make sure you ask your carrier about how you can recoup the deductible as if you can go after the garage without its consent you may foul up its rights to do so and thus your insurance company will come after you for what you cost them by going after the garage. My sense is that they will give you a choice -- either sue the garage on your own and forget having them reimburse you or take their settlement less the $500 deductible and if they eventually recover that from the garage they'll pay you. (But don't wait home for the check....)
 

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