Can I take a car repair shop to small claims court for the theft of my radio?

[lsu]

What is the name of your state (only U.S. law)? Louisiana

My car was at a car repair shop - a pretty popular chain and upon picking it up I realize that my $2,000 aftermarket radio had been stolen. Among other things - my speaker, sunglasses, a custom light that was installed was broken I was told that they could not be held responsible because of a contract that was signed that said they cannot be responsible for any damages or thefts while outside of their shop. I was told by a lady that they would be keeping the car inside until the repair was complete. Obviously this was not the case. My car was left unlocked as there was no sign of a break in. This shows negligence by the company. The mechanic who drove my car from outside the shop and into the shop did not notice that the 7 inch radio had been stolen or that the inside of my car was a mess. This alone seems very odd to me. The company will be submitting a claim to their insurance company but obviously cannot make any promises on whether I will be reimbursed. They are also only submitting for the radio - nothing else. The manager is also demanding proof that the radio was installed prior to me bringing it in… Which is obviously a bit odd considering people don't generally take photos of their radio. I did have the manual for the radio however and gave that to them. In regards to the contract - should I be allowed to see video surveillance of my car to see when my belongings are stolen? If they cannot prove that it was stolen "outside of their shop" then obviously it happened inside. Also, regardless of the contract they were definitely negligent in leaving my car unlocked. There was no reason for them to leave it unlocked as it was apparently outside and was not repaired until 4 hours after I arrived to pick it up. I spoke with two local officers who said I would definitely win in court. I don't want to be greedy but at the same time this company was negligent and clearly is not concerned.

 

[HighwayMan]

I spoke with two local officers who said I would definitely win in court.

That's ridiculous. Nobody can predict that.

Since there was apparently a crime here did you report it? Why were you talking to the police?

 

[lsu]

That's ridiculous. Nobody can predict that.

Since there was apparently a crime here did you report it? Why were you talking to the police?

Yes there was a police report filed. I guess that's why I was talking to the police…

 

[Just Blue]

Yes there was a police report filed. I guess that's why I was talking to the police…

Isu, Please do not start other threads regarding this topic. You have this thread and ask all questions relating to it here. Thanks!!

 

[Bali Hai]

One less car on the road sounding like an approaching thunder storm.

 

[lsu]

One less car on the road sounding like an approaching thunder storm.

If you weren't planning on offering advice I'm not quite sure why you felt the need to leave a comment.

 

[quincy]

What is the name of your state (only U.S. law)? Louisiana

My car was at a car repair shop - a pretty popular chain and upon picking it up I realize that my $2,000 aftermarket radio had been stolen. Among other things - my speaker, sunglasses, a custom light that was installed was broken I was told that they could not be held responsible because of a contract that was signed that said they cannot be responsible for any damages or thefts while outside of their shop. I was told by a lady that they would be keeping the car inside until the repair was complete. Obviously this was not the case. My car was left unlocked as there was no sign of a break in. This shows negligence by the company. The mechanic who drove my car from outside the shop and into the shop did not notice that the 7 inch radio had been stolen or that the inside of my car was a mess. This alone seems very odd to me. The company will be submitting a claim to their insurance company but obviously cannot make any promises on whether I will be reimbursed. They are also only submitting for the radio - nothing else. The manager is also demanding proof that the radio was installed prior to me bringing it in� Which is obviously a bit odd considering people don't generally take photos of their radio. I did have the manual for the radio however and gave that to them. In regards to the contract - should I be allowed to see video surveillance of my car to see when my belongings are stolen? If they cannot prove that it was stolen "outside of their shop" then obviously it happened inside. Also, regardless of the contract they were definitely negligent in leaving my car unlocked. There was no reason for them to leave it unlocked as it was apparently outside and was not repaired until 4 hours after I arrived to pick it up. I spoke with two local officers who said I would definitely win in court. I don't want to be greedy but at the same time this company was negligent and clearly is not concerned.

If you get a subpoena for the surveillance video, you can view it - if it is still available to view. Absent a court order, however, the shop does not have to provide you with the video.

Armed with the police report and proof of the contents of your car when you took it to the shop for repairs (and, yes, this can be difficult), and depending on the contract terms and conditions that you agreed to with your signature, you might be able to cover your losses in a small claims action. Then again, you could also lose. There is no predicting how a judge will rule.

Since the shop said a claim was submitted to the shop's insurer, it probably would be smart for you to wait to see what the insurance company says before doing anything, although you could check to see if your own insurance covers what was stolen, and/or you could also have an attorney in your area review the contract and the facts to see better where you stand legally against the shop.

Good luck.

 

[tammy8]

Did you have this $2000 radio insured on your auto policy?

 

[Raghav mishra]

reply

Yes they are responsible for damages to vehicles left in their care, although they may not be responsible for theft of property left in the car which is not part of the car .For example, they are responsible if your radio gets stolen out of your car, but not if your TV you left in the backseat gets stolen. They are also required to have insurance that covers all cars left in their care.

 

[quincy]

Yes they are responsible for damages to vehicles left in their care, although they may not be responsible for theft of property left in the car which is not part of the car .For example, they are responsible if your radio gets stolen out of your car, but not if your TV you left in the backseat gets stolen. They are also required to have insurance that covers all cars left in their care.

This is not quite correct. Please provide cites. Thanks.

 

[Just Blue]

Yes they are responsible for damages to vehicles left in their care, although they may not be responsible for theft of property left in the car which is not part of the car .For example, they are responsible if your radio gets stolen out of your car, but not if your TV you left in the backseat gets stolen. They are also required to have insurance that covers all cars left in their care.

Please provide relivant law, for the state in question, that would NOT HOLD the shop accountable.

 

[latigo]

What is the name of your state (only U.S. law)? Louisiana

My car was at a car repair shop - a pretty popular chain and upon picking it up I realize that my $2,000 aftermarket radio had been stolen. Among other things - my speaker, sunglasses, a custom light that was installed was broken I was told that they could not be held responsible because of a contract that was signed that said they cannot be responsible for any damages or thefts while outside of their shop. I was told by a lady that they would be keeping the car inside until the repair was complete. Obviously this was not the case. My car was left unlocked as there was no sign of a break in. This shows negligence by the company. The mechanic who drove my car from outside the shop and into the shop did not notice that the 7 inch radio had been stolen or that the inside of my car was a mess. This alone seems very odd to me. The company will be submitting a claim to their insurance company but obviously cannot make any promises on whether I will be reimbursed. They are also only submitting for the radio - nothing else.

The manager is also demanding proof that the radio was installed prior to me bringing it in… Which is obviously a bit odd considering people don't generally take photos of their radio. I did have the manual for the radio however and gave that to them. In regards to the contract - should I be allowed to see video surveillance of my car to see when my belongings are stolen? If they cannot prove that it was stolen "outside of their shop" then obviously it happened inside. Also, regardless of the contract they were definitely negligent in leaving my car unlocked.

There was no reason for them to leave it unlocked as it was apparently outside and was not repaired until 4 hours after I arrived to pick it up. I spoke with two local officers who said I would definitely win in court. I don't want to be greedy but at the same time this company was negligent and clearly is not concerned.

I don't see that there is any question but what the repair shop is liable for both the loss of the radio and the vehicle's interior damage.

But in saying that I'm assuming that Louisiana's laws of bailment are similar to the rest of the country. That is, that that the shop, as a bailee for hire, was obligated to exercise reasonable due care in safeguarding the vehicle while under its possession and control. Meaning the same level or degree of due care that a reasonably prudent individual would exercise under the same circumstances. The absence of due care is rather obvious and if not liable, then why the claim to its insurance company?

As far as proof of the presence of the radio at the time the vehicle was left for repair, that is a no brainer.

All you need to do is to testify that it was installed prior and remained installed at the time. Plus its replacement cost.

The burden of proof then shifts to the repair shop to prove that it wasn't there. And it won't have pictures to prove so either.

Don't fuss with the scumbags. They know they are stuck so get your lawsuit filed!

 

[quincy]

I don't see that there is any question but what the repair shop is liable for both the loss of the radio and the vehicle's interior damage.

But in saying that I'm assuming that Louisiana's laws of bailment are similar to the rest of the country. That is, that that the shop, as a bailee for hire, was obligated to exercise reasonable due care in safeguarding the vehicle while under its possession and control. Meaning the same level or degree of due care that a reasonably prudent individual would exercise under the same circumstances. The absence of due care is rather obvious and if not liable, then why the claim to its insurance company?

As far as proof of the presence of the radio at the time the vehicle was left for repair, that is a no brainer.

All you need to do is to testify that it was installed prior and remained installed at the time. Plus its replacement cost.

The burden of proof then shifts to the repair shop to prove that it wasn't there. And it won't have pictures to prove so either.

Don't fuss with the scumbags. They know they are stuck so get your lawsuit filed!

The following link is from a Louisiana Law Review article written on bailment by Michael H. Rubin, with case cites galore:

http://digitalcommons.law.lsu.edu/cgi.viewcontent.cgi?article=4098&content=lalrev

In Louisiana, you can have a "deposit" and a "depositary" which differs from a "bailor" and a "bailee."

I agree with HighwayMan's first post when he said "No one can predict" whether lsu will win a case against the shop or not. More facts are needed, as is a review of the agreement signed between lsu and the shop.