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Old 04-10-2013, 09:15 PM   #1
headhunter OP
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Wink Car got stolen, could be a good thing.

I had my 15 year old's 94 Accord at the transmission shop. Someone stole it from there last night. It's an auto tranny, 165k, peeling paint, dented doors and fenders, etc. Oh and the AC doesn't work.

When the shop owner called he said, "I have bad news and worse news. The bad news is it needs a new transmission. The worse news is someone stole it." It was outside the shop, locked, not in a fenced area.

So I'm thinking, does the shop's insurance have to cover this? I only had collision (doesn't cover theft) on this POS because it can't be worth more than a grand. Now it needs a tranny, that'll cost a grand, so it's worth zero. If I get cash from his insurance I'll come out way ahead.

This is in NC. anyone know the law?
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Old 04-10-2013, 09:47 PM   #2
broncobowsher
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A work order was filled out, right?
Do you have a copy?
Is there any fine print on there?

Back in the mid 80's my parents had a car at a repair shop in for a tune up while out of town. The shop left the keys in it and it was driven away. I was a little too young to remember the details about it, all I remember was my parents didn't have to pay for the tune up (work was completed and it was just parked outside).

I am expecting the shop's insurance to pay for it. They were in legal posision of the vehicle (work order). Don't know your specific area's laws. From how you describe the situation it looks pretty good that you could get something out of it. Now how kindly they pay up is another story. Could range anywhere from "here is a check for high book value, sorry about your loss" all the way to lawsuit in small claims court.

I would expect a couple weeks of feet dragging to start with. I am sure they want to see if the car shows up a few blocks away first.
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Old 04-11-2013, 04:37 AM   #3
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Better news would be that the person(s) who stole it hit a train.
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Old 04-11-2013, 06:11 AM   #4
bwringer
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Yes, the shop is responsible.

As noted above, simplest all around and the expected and right thing to do would be for the shop's ins. co. to write you a check for the book value and move on -- not enough value there for them to waste a lot of staff time quibbling.


However, I've been in a similar situation with a Chevy dealership that was "self-insured" -- they basically had a high deductible, meaning their insurance didn't kick in until a loss was over $50K or something like that.

So I had to pry a reasonable check for my college shitbox out of the dealership owners, and that was an unpleasant process indeed. I didn't give a shit about the car, really -- I just needed enough cash to get something to drive and replace my rockin' Sparkomatic stereo and Radio Shack speakers...

To be fair, they gave me a craptastic loaner car for the three weeks it took to stop dicking around. Of course, it was the body shop parts mule -- a rattling deathtrap amalgam of several wrecked cars that smelled like a decomposing hooker. The solution to that was to simply leave the windows down all the time (except the driver's window) and let the frequent spring rains and fresh air work their magic on the interior.

Anyway, they finally coughed up a meager check (about a third of it was for the stereo and speakers, so that should tell you) and I got on with my life.

Hope your situation works out better...
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Old 04-11-2013, 04:40 PM   #5
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Similarly, The local Ford Dealer had my Exploder overnight for service, when the dealer, and my car inside, were broken into.

asshole thieves broke a window and stole the aftermarket stereo and the Hella fog lamps (?!)

Dealership made me whole with no issues

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Old 04-11-2013, 04:49 PM   #6
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Old 04-11-2013, 07:52 PM   #7
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Hmm, work order, not so much. This place is a pretty shady independent shop. They have no sign, no website, and no phone number listed in the directory. I had to call the convenience store next door to get their number!

That said it's been there a while and that's kind of how things work in this little community I'm in. I trust they'll make it right somehow.

From the video footage the Sherrif's dept says the guy was there FOR 6 HOURS trying to steal a bunch of nicer cars before he finally got mine. Meth makes ya slow. No sign of the car today although the cops are looking. It had a nice pair of fuzzy dice in it too.

Stay tuned...
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Old 04-11-2013, 08:27 PM   #8
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Quote:
Originally Posted by headhunter View Post
Hmm, work order, not so much. This place is a pretty shady independent shop. They have no sign, no website, and no phone number listed in the directory. I had to call the convenience store next door to get their number!

That said it's been there a while and that's kind of how things work in this little community I'm in. I trust they'll make it right somehow.

From the video footage the Sherrif's dept says the guy was there FOR 6 HOURS trying to steal a bunch of nicer cars before he finally got mine. Meth makes ya slow. No sign of the car today although the cops are looking. It had a nice pair of fuzzy dice in it too.

Stay tuned...
Yer fucked. Car was a loss anyway, so no biggie.
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Old 04-12-2013, 02:10 AM   #9
Jimmy the Heater
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When you are saying you only had collision on it, I'm guessing you meant you only had liability on it?

Most insurance companies won't let you have collision on a car without having comprehensive coverage on it as well. (which would cover theft)

That being said, the shop would be liable with the car in their possession but from the sounds of it, that place might not have coverage....yuck

Good luck with whatever happens.
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Old 04-12-2013, 09:01 AM   #10
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Your worst nightmare will be some dumb ass cop will actually recover the beast. Then you'll have to fix the transmission! That would suck!
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Old 04-12-2013, 11:43 AM   #11
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I wouldn't hold out much hope for the Creedence, man.
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Old 04-12-2013, 01:21 PM   #12
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I would get the shop to replace it with a running car or pay book for it.
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Old 04-12-2013, 02:37 PM   #13
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Originally Posted by bwringer View Post
my rockin' Sparkomatic stereo and Radio Shack speakers...

Ha! Sparkomatic! Haven't heard that name in years and years...

Yes, of COURSE I had one back in the day!

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Old 04-12-2013, 02:54 PM   #14
Hannda
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Originally Posted by bwringer View Post
Yes, the shop is responsible.
Which may or may not mean anything. If they don't have coverage for this (Bailey policy) their insurance won't cover it. Which means you'd have to sue the shop for satisfaction of your claim. Legal fees would probably exceed the value of the vehicle you'd be suing over.

For now, if it were me I would, make claim against them and wait to see what, if anything, their insurance company comes up with. It'll either be a low ball offer or a denial of claim due to absence of coverage. At that point the owner will make an attempt to make you whole or tell you to go pound sand. If it's the latter of the two, you'll have to decide if it's worth the legal expenses to get blood from a turnip.

Keep in mind - if the shop has coverage, the more their insurer pays out the more their premiums will jump up. So it's in the shop owner's interest to help his insurer pay you as little as possible. You can be assured that he'll tell the insuer what a pile of crap your car was - needed a new tranny, a/c didn't work, smelled like old work boots, whatever. Not trying to frighten you. Just trying to stop you from listening to friends who "know a guy who's sister dated a guy who's uncle's neighbor's third cousin had a situation exactly like yours and was able to buy a brand new Mercedes convertible with the payout from the insurance company."
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Old 04-12-2013, 03:01 PM   #15
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You might be able to put a lien on the shop, which ties up whatever assets they do have, until you're made whole, short of a proper lawsuit.
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