QUESTION
Whom do I talk to get money from my stolen and burnt car?
Asked on Oct 30th, 2012 on Personal Injury - Michigan
More details to this question:
My car was stolen from a mechanic shop. The mechanic gave them the keys. I had liability insurance and my car was found burned a couple blocks from the shop. The mechanics insurance won’t pay and he didn’t have a sign saying he won’t pay for anything lost or stolen.
16 ANSWERS
Personal Injury Attorney serving Pacific, MO
at
Melvin G. Franke
Update Your Profile
Hire an experienced attorney immediately. The shop should be liable.
Answered on Nov 06th, 2012 at 8:09 AM
You need to sue the shop.
Answered on Nov 04th, 2012 at 1:59 AM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
Any attorney who handles litigation or property damage claims.
Answered on Nov 02nd, 2012 at 1:09 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
The mechanic gave keys to whom The mechanic is required to use the same degree of care as he would for his own. Bring a lawsuit, add in the loss of value of the use of the car as well as its market value.
Answered on Nov 02nd, 2012 at 12:15 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
at
Bulman Law Associates PLLC
Update Your Profile
Go to the courthouse and fill out the forms.
Answered on Nov 01st, 2012 at 11:40 PM
Ronald A. Steinberg
You have 2 choices; make a claim with your own auto insurance, and let that company go after the mechanic. Or, you can sue the mechanic for breach of bailment or some such.
Answered on Nov 01st, 2012 at 10:47 PM
It's called a BAILMENT. If mechanic gave your keys away then the auto shop is liable (respondeat superior). You'll have to sue the INSURANCE COMPANY.
Answered on Nov 01st, 2012 at 10:37 PM
Construction Litigation Attorney serving Mission Viejo, CA
at
Law Office of Christian F. Paul
Update Your Profile
You can sue the person who stole the car (if you know who that is) and you can sue the mechanic, who had custody of your car and should have taken care of it. Whether either has insurance or not, it is up to them to have their insurance carriers step in to defend them. It's worthwhile checking whatever papers were involved when you left the car for repair, as there might be an attorney fees clause or some other terms that will help or hurt you in getting compensated for your car. Better to know now rather than later. If you win the lawsuit, you get a judgment. However, over 95% of all lawsuits settle before trial, so the odds are that, if you have a good enough case, you will get some money from someone in exchange for dismissing the suit within the next year hopefully enough to replace the car and take care of your court costs. You ought to consult with an attorney about your rights and duties. Take your papers, including the garage estimate, your pink slip, photos, maybe a Kelley's Blue Book report on the value of your car, etc., with you.
Answered on Nov 01st, 2012 at 4:53 PM
You may sue the mechanic in a small claims court for negligence.
Answered on Nov 01st, 2012 at 4:53 PM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
The mechanic's insurance should pay. Tell the adjuster that his insured had possession of the car, and that the car was a bailment and if they don't pay you, you're going to file suit and then they're going to have to pay all taxable costs, as well as insurance. They're just jerking you around; they know they have to pay, they're just hoping you're going to go away.
Answered on Nov 01st, 2012 at 4:52 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
at
Downriver Injury & Auto Law
Update Your Profile
The mechanic has a bailment which means he is 100 percent responsible. Sue them and they will pay.
Answered on Nov 01st, 2012 at 4:51 PM
Dennis P. Mikko
Your initial claim lies with your insurance company. Otherwise, you may have a claim against the mechanic and/or his shop.
Answered on Nov 01st, 2012 at 4:51 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Your facts are contradictory. You say the mechanic gave someone the keys. If he did he is liable for negligence.
Answered on Nov 01st, 2012 at 4:51 PM
If the mechanic gave the "thieves" the keys, that doesn't sound like theft (unless he did it at gunpoint). You should report this to the police. In addition, as for your insurance, you state you had liability insurance, was it only liability? Did you have comprehensive and collision as well? If all you had was liability insurance, your insurance won't cover it. You should speak with an attorney who may be able to negotiate with the mechanic's insurance carrier to get you compensated.
Answered on Nov 01st, 2012 at 4:51 PM
Thomas Edward Gates
You need to sue him for damages to your car.
Answered on Nov 01st, 2012 at 4:50 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You have a potential case, he was entrusted with the car and has a duty to return it, Please review your paperwork to determine if you have waived their liability. Generally it is on the estimate they would have provided, however, if he actually provided the keys, the waiver may be invalid, if it exists. See an attorney, with all details, for firm advice.
Answered on Nov 01st, 2012 at 7:05 AM