Car got broken into at bodyshop, HELP

[ffzeta]

Hey guys, its my first post here and its a serious one.

I dropped my car off in Oct 2003 at my bodyshop to get some work done which they owed me (a touch up on paint and body since they had previously worked on my car's body and repainted it but left a few imperfections).

Anyway, they kept putting it off, and i didnt mind that much since i dont drive my car in the winter, and thought my car was being stored in a warm garage which is good.

Anyway, i gave them a call about twice a week since then to check up on my car, constantly being told that they would work on it the next week or whatever.... March 27 I showed up, and was told that a week ago my car had been broken into because they parked it outside at night. They never called me to tell me this.

My deck, subwoofers, amp, rims and tires were stolen. Theres also 2 broken windows, and my dash and glovebox were ripped apart. Total is about 5 grand worth of theft and damage. I have receipts for everything stolen.

The bodyshop does NOT want to reimburse me or go through their insurance to repay me.

They want me to pay for it or go through my own insurance, because the car was outside and not in their shop when this happened. At no point did I ever give them permission to leave my car outside at night nor was I ever told.

They also never filed a police report. I did so today.

What I need advice on at this point is, should I put a claim through my insurance? I did have theft/fire insurance this whole time.
Or,
Should I take them directly to court, since I don't want my insurance going up and to not have to pay an insurance premium since this isn't my fault at all anyway?

Everyone who I have spoken to, including my law professor, the police and an insurance claims advisor have told me that the car was under the bodyshops care and control therefore they are liable for everything, but they are refusing to pay. What should I do?? Please help!

[Moe Man]

ohhhhhhhh shit man i hope they pay you for all that stuff man......shit i just keep thinking what if that happend to me....





i would be one pisssssed off mother f****er:banghead:

[4G63Power]

Basically having your car at the body shop to get some work done means that they are responsible for the work being done to the car, that the car is safe while in their hands. Along with delievering the car is the same or better condition than when the car was given over to them. That is why bodyshops and mechanic shops have insurnance for these kind of things, or they would pay out of their own pocket.

[LancerShelby]

Get a lawyer.

[ffzeta]

But how do I get reimbursed from their insurance if they aren't willing to do it?

and yes, I will be seeking legal advice.

[Moe Man]

put those fuckers in the hole.......oh and what is the name of this place so i dont go there and where is it located

[88CRX]

Originally posted by Moe Man
put those fuckers in the hole.......oh and what is the name of this place so i dont go there and where is it located

:werd: whats the name?

[rage2]

By law, the shop is responsible for your vehicle + contents while it's there. If you go through your insurance, tell them ALL the details, and they will go after their insurance on your behalf. If they don't have insurance, then your insurance company will sue the shop for damages and legal fees. That's the job of your insurance company, that's why you pay them money every month/year. Did you disclose all your mods/stereo/etc to your insurance company? Because if you didn't, they have a right not to help you, and even go as far as drop your policy... in which case, you would be better off going after the shop yourself.

Should be a fairly easy process if your insurance company knows everything you have in the car. Good luck.

Oh ya, you SHOULD name the shop. Ignore the folks that says it's bad for the scene, calling you a hater, whatever... you got screwed, you have the right to bitch about the shop.

[pile_0_crap]

Originally posted by rage2
Oh ya, you SHOULD name the shop. Ignore the folks that says it's bad for the scene, calling you a hater, whatever... you got screwed, you have the right to bitch about the shop. [/B]

right, let everyone know so no one else has to go through this shit. good luck man

[googe]

yeah first and foremost, which shop will i never consider giving my business, and where is it? :)

[izzoblitzo]

hey! they had a story about this on CFCN about a month and a half ago!!

They said that many are under the assumption that because you turn your car over to the body shop, that they are liable for your car. But under only certain circumstances. Something like if they park it outside, and it gets broken into, its no different than parking it at any parking lot or on the street. I think this is also aparent if there was a fire at the body shop, and everything was lost.

They said the loop was that the body shop does not sign any papers promising you that they are taking care of it, and blah blah.. kinda like what canadian tire does, they park your car outside when they're engine bay is full, or when your car is done it's service. If anything happens to it, it was just by act of coincidence that someone broke into it on their lot, technically they wernt working on it/done working on it.

Something like that.:confused:

[Melinda]

I'd sue them just based on the fact that they didnt tell you right away or call the police...the first few days are vital in having ANY hope of getting anything recovered.

[nosegrindR]

Originally posted by ffzeta
But how do I get reimbursed from their insurance if they aren't willing to do it?


they will be if they see that you're serious and you're going to take legal action. No company wants that type of attention trust me.



Originally posted by Melinda
I'd sue them just based on the fact that they didnt tell you right away or call the police...the first few days are vital in having ANY hope of getting anything recovered.

:werd:
they'll cringe if you mention legal action.

good luck

[davidI]

I think the fact that they kept putting off the work is also a valid argument as well as that you thought they were keeping it inside. I'd go tell them that if they don't pay up you're going to call a lawyer to go after them.

[stealth]

Man walk in there furious, and I mean start cussing and tell them you are bringing in a lawyer and shit, tell them you already have seeked legal advice and are in the process of taking them to court if your stuff is not paid for.

Hope things work out man.

[Strider]

Originally posted by stealth
Man walk in there furious, and I mean start cussing and tell them you are bringing in a lawyer and shit, tell them you already have seeked legal advice and are in the process of taking them to court if your stuff is not paid for.

Hope things work out man.

Nah, cussing and raising shit isn't the way to go. Just stay cool and tell them that you're gonna give them one last chance to make things right before you speak to your lawyer and the media.

[JAYMEZ]

Stay cool , get legal action. Whats the name of the shop.

[RC-Cola]

I agree with everyone else, talk to your insurrance company, give them a copy of the police report and prehaps talk to a lawyer at this point.

If the shop has told you they aren't going to pay then going in there and raising hell isn't going to do anything but get you into trouble with the cops!

Also, let us know who this is so we can avoid this shop and run them out of business! :whipped:

[Zero102]

Don't talk to your insurance. They will just jack up your rates.

If you were under the impression that it was to be stored inside, and they said that it got broken into when it got left outside, then it's their fault.

They assume custody of the car once it's in their care, and they have agreed to do the work.

Ontop of that, if it was waaaay past when it was supposed to be done, then that's even worse.

Like was already said, that's why THEY have insurance. Yours is for your own fuckups, not theirs.

Name the shop. I will never take my car there.

Is there any weather damage on the interior? Did they continue leaving it outside after it was broken into?

[///M3]

The fact that they didnt call you or the police right away pisses me off. You could have not come down for another 2 weeks, Who knows how long this matter would of taking to be delt with.

And there stupid enuf you leave a nice car with expensive accessories out on what most likely, a dark industrial street.
Im surprised there not afraid and dont just deal with it, but instead there taking the "not our resonsibility route.whipped:

i hope those bastards go out of business.

[Dj_Stylz]

Go sue them its there fault

[MM99lude]

The fact that they didn't notify you or the police after the car was broken into is very suspicious. They could have staged the entire break in and just took your stuff, and sold it to make money. Maybe thats why they don't want to go through their insurance but instead yours.

Unless the shop didnt realize that they are responsable for anything stolen out of your car while in their care, jacking the stuff for themselves probably sounded like a good idea.

I would say get a lawyer and just take them to court. All the cards are in your hand!

and tell us the name!!! so fellow beyond members can avoid any problems!

[spooky_08]

This happened to one of my friends at mcleod autobody I think it's called...by the 39thave c-train station. They also put his truck out in the lot for one night UNLOCKED and it got ripped off, seats torn, panels cracked, all windows smashed etc. He thought it was this kid that works there....:dunno:

ANyway, sorry to hear bout ure loss man

[googe]

Originally posted by spooky_08
This happened to one of my friends at mcleod autobody I think it's called...by the 39thave c-train station. They also put his truck out in the lot for one night UNLOCKED and it got ripped off, seats torn, panels cracked, all windows smashed etc. He thought it was this kid that works there....:dunno:

ANyway, sorry to hear bout ure loss man

how did the shop owners handle that situation?

[spooky_08]

I never found out. He moved back to saskatchewan and I havn't talked to him since. Before he left he was getting in touch with his lawyer, but I don't know exactly how he went about things.

[ffzeta]

Hey guys, thanks for all the support.

I live in Toronto, and ive noticed that everyone on these forums are mostly from calgary (is that right??). Anyway the name of the bodyshop is Picasso Auto Collision, here in Toronto.

Anyway, I will be seeking legal advice this week. I haven't had time yet because its a really busy time of the year for me, im a student in exams and I work after school.

I'll let you all know what kind of legal advice I get and how it all goes.

[MM99lude]

alright man keep us updated!

Hope everything turns out well for ya!

[mcshow]

:werd:

yeah man that sucks, but let us know how it all turns out