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Wallet was stolen

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danielbh

Junior Member
I let my now ex-boyfriend use my car. In the process, my car battery died (partially due to him leaving it running for an hour and a half earlier in the day). He did not lock the doors and left it at someone's house. When I was finally able to get to the car the following morning, my wallet was missing. I had a designer wallet, $100 in there, my driver's license, and the keys to my safe deposit box, plus I miss a day of work. Adding everything up, the total comes to around $650. Should I take him to small claims court or should I just let it go.
 


quincy

Senior Member
I let my now ex-boyfriend use my car. In the process, my car battery died (partially due to him leaving it running for an hour and a half earlier in the day). He did not lock the doors and left it at someone's house. When I was finally able to get to the car the following morning, my wallet was missing. I had a designer wallet, $100 in there, my driver's license, and the keys to my safe deposit box, plus I miss a day of work. Adding everything up, the total comes to around $650. Should I take him to small claims court or should I just let it go.
What is the name of your state?
 

cbg

I'm a Northern Girl
The question will be asked; why was it his fault that you left your wallet, keys etc. in the car?
 

OHRoadwarrior

Senior Member
Allowing a car to run charges the battery, not discharges it. The burden of proving he is responsible for the contents and that it was among the contents, lies on you.
 

LdiJ

Senior Member
The question will be asked; why was it his fault that you left your wallet, keys etc. in the car?
I am literally amazed at the number of my clients who leave wallets, checkbooks, keys and other important items in their car. My sister had her car broken into and her purse stolen THREE times before she finally understood that she needed to STOP leaving it in her car.
 

danielbh

Junior Member
STATE: Ohio

I left the wallet in the car he case he needed something. Granted hindsight is 20/20 and I should have just left him with the money and not the entire wallet. He left my car doors unlocked. He left my doors unlocked. The person whose house the car was parked asked him if he left the doors unlocked and he said yes because the battery was dead to which I responded "why didn't you manually lock the doors?"
 

cbg

I'm a Northern Girl
YOU left the wallet in the car. Prove that no one would have broken into the car if the doors had been locked.
 

Silverplum

Senior Member
STATE: Ohio

I left the wallet in the car he case he needed something. Granted hindsight is 20/20 and I should have just left him with the money and not the entire wallet. He left my car doors unlocked. He left my doors unlocked. The person whose house the car was parked asked him if he left the doors unlocked and he said yes because the battery was dead to which I responded "why didn't you manually lock the doors?"
You learned a lesson. I don't see anything else.
 

LdiJ

Senior Member
STATE: Ohio

I left the wallet in the car he case he needed something. Granted hindsight is 20/20 and I should have just left him with the money and not the entire wallet. He left my car doors unlocked. He left my doors unlocked. The person whose house the car was parked asked him if he left the doors unlocked and he said yes because the battery was dead to which I responded "why didn't you manually lock the doors?"
Just be glad that he is your ex...seriously.
 

cbg

I'm a Northern Girl
I think you would find it very difficult to prove that, had he locked the doors, the theft could not have occurred. Plenty of cars have their windows broken or their locks jimmied if someone really wants to get at what is inside.

He, on the other hand, would have no difficulty at all proving that the wallet could not have been stolen if you had not left it in the car.
 
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latigo

Senior Member
STATE: Ohio

I left the wallet in the car he case he needed something. Granted hindsight is 20/20 and I should have just left him with the money and not the entire wallet. He left my car doors unlocked. He left my doors unlocked. The person whose house the car was parked asked him if he left the doors unlocked and he said yes because the battery was dead to which I responded "why didn't you manually lock the doors?"
I must disagree with the conclusion the of others that the ex boyfriend is immune from civil liability. At least to the extent of the wallet itself as the laws of bailment seem perfectly applicable.

Inasmuch as the wallet was entrusted to him for his exclusive benefit he owed you the duty to exercise extraordinary in safeguarding it.

His admission that he left it in an unlocked car is a clear indication that he neglected to so.

More information needs to be forthcoming in determining his liability for the other missing items for which he may or may not have owed the duty to exercise ordinary care in their safeguarding.
__________

But let's suppose that your borrowed vehicle was stolen?

Is there any doubt that he could be held liable under the same theory of bailment? Leaving a borrowed car on the street unlocked?

I don't think so! And I fail to see any distinction between the hypothetical theft of the vehicle and the missing wallet - each entrusted to him for his personal benefit.

Nor is it out of the realm of possibility that there was no money in the wallet at the time he "claims" it was stolen.

And what about credit cards?
 

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