Truck Stolen from Auto Body Shop

[trapshoota]

My truck was stolen from an auto body shop by one of the shop's employees who is also the owner's daughter. The truck was recovered but the engine was damaged beyond repair. Estimate of repairs is enough that my insurance has declared it a total loss. Should the shop's insurance be covering my loss and will they give me more than what my insurance is offering? I can't replace the vehicle for what I'm being offered, but the loss occurred when I wasn't in possession of the truck and from a criminal act. Does the liability for replacing my truck fall with the shop, or am I stuck with the "value of the vehicle" that my insurance is offering?

Edit: wrong forum. Reposting in consumer section.

 

[Theinsuranceguys]

You will probably get about the same amount from either company, but the garage keepers policy the body shop has should be the one to pay the claim. Your insurance company will more than likely subrogate against the body shop.

 

[BlockO]

I'm not familiar with garage keepers policies.... Is it possible they could deny the claim because it was the owner's daughter who stole the vehicle?

also, how long ago did this happen? I'm surprised the shop owner hasn't discussed this with you already. which gives me an eery feeling about this shop you went to. are they reputable?

If I'm a repair shop owner, and my daughter did what this gal did, I would be calling you asap, and bending over backwards to find a way to make you happy, and do what it takes to make you be quiet and go away. otherwise, you could leave a serious ding in this repair shop's reputation if they gave you the runaround.

 

[F150]

nope, the shop was in care, custody and control, use the shops insurance, period. thats what garagekeepers coverage is for

 

[djs]

You can file against the garage keepers policy, but they may not have proper coverages. Most garage keepers policies have pretty low limits on a per car basis, thinking it will cover the minor hit of a parking accident, never thinking theft of a car.

Also, probably since it was an employee, it may not be theft on a technical basis, since you gave them permission to drive the car. Yeah, not in the way they did, I understand that, but legally things aren't parsed that way, permission is usually permission. This would put it into a liability claim, rather than a garage keepers claim.

It would be easier to file with your own carrier, let them subrogate back to the garage and deal with the mess on that end.

Settlement isn't high enough? They should have provided you with a valuation report that shows how they came up with the settlement. Look for why its wrong and argue your point. Show numbers, not emotions. They will correct it if needed.

Dan

 

[ToddC]

Issue with the garages policy is that the daughter may be considered an insured and the policy may then exclude coverage as it was an intentional act. Even if the daughter could use the vehicle, it's still theft by conversion if it's not returned right away (which is why your carrier is addressing the loss).

No way to tell if thee shops carrier would pay more as no one knows what they would pay and what your carrier is offering. Both should pay market value but they make still come up with different numbers. If your carrier is not offering a fair price then you need to produce documents to show that.

 

[Cornelius]

Consult with an Attorney.

 

[ToddC]

Consult with an Attorney.

At $100/hour? Why? The OP has coverage on the vehicle to address his loss without inuring expense out of his pocket.

 

[Cornelius]

Well he is coming to a message board asking questions about his contract and a potential criminal act. An Attorney can review his policy for him per state law and advise him on the potential criminal element and or the garage owners liability.

If he's not made whole to his satisfaction this situation could end up in front of a judge.

 

[Norwayguy]

Consult with an Attorney.

Aren't you the legalshield guy?