Car gets vandalized at the dealership, they won't take responsibility... wtf?

[dcdomain]

Okay, I was just speaking to my cousin, and he's been having the following problem.

My cousin took his Eclipse to the nearby Mitsubishi dealer for service on Christmas. They had the car for two nights, and apparently, on the second night, someone broke into the car and stole his TV and PS1. Anyway, my cousin found out the car was vandalized when he went to pick it up two days later at 7 in the morning. After the police came and left he asked the dealership if their insurance was going to pay for it. They said no, because they weren't responsible for any theft in the parking lot, so he left and asked his insurance company to fight it out. When the insurance company got back to him, they said the dealership won't take responsiblity because they "lock the gates at night."

So I've been thinking about writing a letter/email on his behalf to the regional headquarters. This is terrible service, it doesn't even sound like they tried to help him out at all.

Damn Mitsubishi... the dealerships in my area better not be that bad, or I'm sticking with the Impreza's... forget the LanEvo's.

 

[pulse8]

What is a letter from you going to do? Unless you're a lawyer, they'll only laugh it off.

 

[vi edit]

You're lucky you even got a reply from the dealership.

There isn't hardly a business in the world that would cover the insurance costs of a car that is broken into while the car is on their property.

 

[Jzero]

Every dealer ship and shop I've ever been to has a "Not responsible for vehicles left overnight" type policy.
Besides...I thought it was good sense to take everything valuable out of your car whenever you take it to a shop. I dunno if the PS1 and TV were permanently mounted or whatever, but I'd not have left them in there. In fact, were I to mount such stuff in my car, I'd definitely devise a way to install it such that I can get it out easily.

 

[bunker]

It won't do you any good to send a letter to Mitsubishi corporate either. Dealerships are independtly owned and operated. Not much corporate can do for you here.

 

[eakers]

lemme get this straight: he took a car to be serviced and left a tv and a ps1 in it? i dont think its the dealerships fault, thats like saying that it would be the supermarket's fault if my tv and ps1 got stolen from their lot.

*kat. <-- doesnt leave expensive things in her car cuz it screams "hey! rob me!'

 

[Gunbuster]

I bet it was an employee that did it, sees it the first day steals it the next

WTF was he leaving anything of value in a car at the dealers, your cuz needs a head check

 

[BruinEd03]

<< It won't do you any good to send a letter to Mitsubishi corporate either. Dealerships are independtly owned and operated. Not much corporate can do for you here. >>



actually it can. All dealerships have to get licenses by the corporation to do business. I know for Honda after I bought my civic, the corporation sent me questionaires on how the dealership + salesman performed. If it's bad Honda gets on their a$$ about it.

-Ed

p.s. yeah the guy was pretty dumb for leaving the tv+ps1 in there though

 

[Healey]

Every parking lot and store has a ?Not responsible for?.? sign, but just because they have a sign doesn?t make it so.

When a dealership is entrusted with your vehicle, they do have some responsibility to keep it secure. Perhaps the locked fence might be considered as a good faith attempt, maybe not.

Take ?em to small claims court and let Judge Wapner decide.

 

[bunker]

<<
actually it can. All dealerships have to get licenses by the corporation to do business. I know for Honda after I bought my civic, the corporation sent me questionaires on how the dealership + salesman performed. If it's bad Honda gets on their a$$ about it.
>>


Do you know this for a fact, or are you assuming? I used to work for a certain (unnamed) automobile mfg. I can't even begin to tell you how many letters we received about dealerships. 99.9% of them ended up in the round file.

 

[Modeps]

why was there a TV and a PS1 in a car that was going to the shop? Whenever you have your car serviced, you should take out all valuables...

 

[StandardCell]

<< Every parking lot and store has a ?Not responsible for?.? sign, but just because they have a sign doesn?t make it so.

When a dealership is entrusted with your vehicle, they do have some responsibility to keep it secure. Perhaps the locked fence might be considered as a good faith attempt, maybe not.

Take ?em to small claims court and let Judge Wapner decide. >>



Exactly! A dealership is responsible for protecting the car, and responsible for the damage to the car IN THEIR CARE! The minute you drop your car off in someone else's care, it becomes THEIR responsibility. If you lend the car to a friend, and it gets broken into, how is it your responsibility to pay for theft damage done to it? If you rent a car from Budget or Alamo, how is it THEIR responsibility if the car gets broken into when you've rented it? The answer is: THE PERSON WHO HAS CARE OF THE CAR AT THE TIME IS RESPONSIBLE, PERIOD. Take all reasonable steps, including writing a letter to Mitsubishi America and the Better Business Bureau, and if none of that is resolved, take the dealer to court.

The only thing here is, it was not the smartest idea in the world that your friend left a tv and a Playstation in the car. Heck, I am paranoid that my tapes or CDs will vaporize when I take my car in (though I take the CD cartridge out of my car and use burnt CDs when possible).

 

[HomeBrewerDude]

Why doesn't he file on his insurance, either car or rental or homeowners.

You ain't getting nothing out of the dealer, unless you can convince them that its worth their while to give you money for agreeing to sign off on any rights or claims that a lawyer might possibly come up with.

 

[Cerebus451]

<< The answer is: THE PERSON WHO HAS CARE OF THE CAR AT THE TIME IS RESPONSIBLE, PERIOD >>



Ummm.....no. If you loan your car to a friend, and your friend totals the car, or the car is broken into, you are responsible for all the damages. You are the person insuring the vehicle, and you are responsible for everything that happens to the vehicle (and other things the vehicle damages), regardless of who has "care" of the car.

In the case of a dealership, or any mechanic shop, they are not responsible for vehicles left in their care, especially if left overnight. They will cover damages they physically cause to the vehicle, but they will never cover anything that happens to the vehicle while it is sitting in the lot. Never leave vehicles overnight at garages/dealerships unless absolutely necessary, and if it is necessary be sure to remove all valuables first.

Car rental companies are a special case. They carry no insurance on the vehicles, and the rental agreements specifically state that the renter is responsible for the vehicle, unless they pay the outrageous fees for insurance.

 

[vi edit]

StandardCell, I'm sorry, but I absolutely disagree.

The ONLY situation I can think of where the dealership would have any responsibility at all would be if you could prove that they didn't lock the doors. But, if there is evidence that the doors were locked (busted glass, ripped window trim, ect) then you really have no proof.

The only thing I see here is somebody trying to cash in on a dealership for the persons own stupidity. The dealership had the car inside of a caged lot, thats a hell of a lot more than what most dealerships do around here!

This is exactly why 1) you carry auto insurance and 2) you take out anything expensive before dropping it off.

 

[arod]

<< why was there a TV and a PS1 in a car that was going to the shop? Whenever you have your car serviced, you should take out all valuables... >>

 

[OutHouse]

what a idiot why didnt he just put 4 $100.00 bills on the dash. the lot is responsiable but i must say its his fault for leaving valuables in his car when its being serviced.

 

[notfred]

A friend dropped off his saleen mustang for routine maintenence at the local ford dealership, and had to leave it overnight. The car had the stereo, the seats, and a few of the other special saleen parts stolen out of it that night. The dealership paid for all the repairs.

Maybe Mitsubishi just sucks?

 

[vash]

I tend to agree with the rest of the people on this board.

Why in anyone's name, would you leave your car at a dealership/body shop, etc with valuables in it? I would never, EVER, leave my car at someone's place with a valuable item that I would not want stolen.

Sure, its the dealership's responsibility to make sure the cars are not stolen, but leaving any valuables in the car isn't really smart either.

On one last note, look at how the goods were stolen. If the car wasn't closed and there was no signs of foced entry, it could have been an employee. An employee would have had access to the keys of the car and could easily take anything in there, without leaving a mark on the car. Heck, most dealerships have latex gloves around, someone could have slipped those on, went in the car, took what they wanted and walked off.

I do feel for your cousin and his loss, but he really should not have left his valuables in the car.

vash

 

[Thegonagle]

Heh heh, good one, Kat!

Don't leave valuables in your car! We are not responsible for theft from your vehicle.

Almost every auto repair place (and lots of other types of places) has a big sign up over the service advisor?s head that says something to that effect.

Good thing about the Ford dealership, but there is a difference between that situation and the situation with the Playstation and TV: The dealership?s insurance probably covers parts that are attached to the car, such as seats and stereos, but not valuables that common sense should tell you to remove before you leave a car somewhere.

 

[Mister T]

I would consider this a lesson learned:

Never leave valuables lying around.

When used to take my car to the mechanic, I would take even the change I would need in the change dispenser for tolls.... I am a paranoid mofo when it comes to protecting my sh!t

 

[StandardCell]

<<

<< The answer is: THE PERSON WHO HAS CARE OF THE CAR AT THE TIME IS RESPONSIBLE, PERIOD >>



Ummm.....no. If you loan your car to a friend, and your friend totals the car, or the car is broken into, you are responsible for all the damages. You are the person insuring the vehicle, and you are responsible for everything that happens to the vehicle (and other things the vehicle damages), regardless of who has "care" of the car.

>>



Umm YES. In fact, if your friend takes your car, that friend is morally and legally responsible for the damage caused, unless it is due to your own gross negligence (e.g. giving the car to an obviously drunk person or someone not old enough to drive or leaving volatile explosives in it). If the PS2 and TV were in clear view, it would constitute gross negligence and the guy is SOL. But IF it was locked in the trunk or out of sight, then it's not gross negligence (although it's downright dumb). I know the balance of small claims court cases I've seen on television, despite the inserted drama and attitude by the judges, follow the law, and the law states that the car is the responsibility of the person in care of it. How would YOU feel if you lent the car to a friend and he wrecked it? Do you think he has any responsibility? What if he crashes it into a school bus full of 50 kids and kills them all? Did YOU do it? Should you spend the rest of your life in bars because he did it? I doubt you'd answer yes. That's why we carry liability insurance in North America based on our PERSONAL merits, not on the vehicle as is done in Europe. Or even in the case of someone taking care of your child. How is that different than someone taking care of your car? If the child is in their care and someone hurts the kid, it's not YOUR fault, but it IS the care provider's fault. There are countless other examples...



<<
In the case of a dealership, or any mechanic shop, they are not responsible for vehicles left in their care, especially if left overnight. They will cover damages they physically cause to the vehicle, but they will never cover anything that happens to the vehicle while it is sitting in the lot. Never leave vehicles overnight at garages/dealerships unless absolutely necessary, and if it is necessary be sure to remove all valuables first.
>>



Waiver of responsibility signs mean squat. You can't sign your rights away.



<<
Car rental companies are a special case. They carry no insurance on the vehicles, and the rental agreements specifically state that the renter is responsible for the vehicle, unless they pay the outrageous fees for insurance. >>



Or you carry your own auto insurance, which usually but not always covers rentals and cars you don't own. Sorry, but if the dealer didn't want the responsibility, it was their right to refuse him service at the time of the request.

 

[Jzero]

<< A friend dropped off his saleen mustang for routine maintenence at the local ford dealership, and had to leave it overnight. The car had the stereo, the seats, and a few of the other special saleen parts stolen out of it that night. The dealership paid for all the repairs.

Maybe Mitsubishi just sucks? >>



Maybe that specific dealer is just good? I think when you have a high-end job like a Saleen they're going to be a little more sensitive about it....not to mention I don't see anybody taking the seats out of their car, eh?
hehe

Also, this dealer COULD have paid for the loss, but I don't blame them for not.

 

[StandardCell]

<< StandardCell, I'm sorry, but I absolutely disagree.

The ONLY situation I can think of where the dealership would have any responsibility at all would be if you could prove that they didn't lock the doors. But, if there is evidence that the doors were locked (busted glass, ripped window trim, ect) then you really have no proof.

The only thing I see here is somebody trying to cash in on a dealership for the persons own stupidity. The dealership had the car inside of a caged lot, thats a hell of a lot more than what most dealerships do around here!

This is exactly why 1) you carry auto insurance and 2) you take out anything expensive before dropping it off. >>



Well, I did find one thread in a toyota newsgroup. It's from an insurance adjuster who basically concurs with the statement that, if the car is under someone else's care, it's their responsibility. Click here to read it. It flies in the face of every court tv show decision I've ever seen, and that's the bulk of my tv watching too. The guy could make a claim to the property insurer of the Mitsubishi dealership, and take it from there.

However, it doesn't excuse him from gross negligence, as I mentioned in my other response above. We don't know enough about the case to say either way, but I don't disagree with the fact that he's dumb in leaving his valuables in the car.

 

[Jzero]

StandardCell: There's a right armchair lawyer!

Actually, if you loan your car to a friend and he smashes it into a busload of children, his insurance will cover the damages. HOWEVER, if his insurance coverage is exceeded by the damage or he has no insurance himself, your insurance will get hit next. Regardless of insurance, the driver of a car used to commit a crime is responsible, not the owner.

It's true that you don't always sign your right away on the dotted line, but I'd be interested in seeing a small claims judge rule that it wasn't stupid on the owner's fault for leaving valuables in his car when he left it on a service lot.



<< Sorry, but if the dealer didn't want the responsibility, it was their right to refuse him service at the time of the request. >>


In that case, the dealer would have to refuse any and all business on the grounds that something MIGHT happen to the car. The notice that they are not responsible is warning enough to take care.