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My Car Was Stolen Update...Can I sue???

S

SethK28

Golden Member
Original Post

Found out today that the repair shop's insurance is not going to pay. They said they had adequate protection (a chain link fence and lighting) and that they are not responsible. Supposedly according to Georgia Law this is all they have to do. However one of the mechanics at the shop told me that they were having problems with break ins recently and had planned on putting up an iron fence, but the owner was draggin his feet. I am thinking about taking them to small claims court based on this info. If they knew they had a problem with break ins and have done nothing about it, isnt that negligence?
 
yea that probaly is negligence, if u know of a problem and dont fix it, then its your fault. You should have a pretty good case.
 
Originally posted by: SethK28
Original Post

Found out today that the repair shop's insurance is not going to pay. They said they had adequate protection (a chain link fence and lighting) and that they are not responsible. Supposedly according to Georgia Law this is all they have to do. However one of the mechanics at the shop told me that they were having problems with break ins recently and had planned on putting up an iron fence, but the owner was draggin his feet. I am thinking about taking them to small claims court based on this info. If they knew they had a problem with break ins and have done nothing about it, isnt that negligence?
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i think a lawyer would be a better source of legal opinion.

btw, how much was yoru car worth?
 
Originally posted by: HomeBrewerDude
Originally posted by: SethK28
Original Post

Found out today that the repair shop's insurance is not going to pay. They said they had adequate protection (a chain link fence and lighting) and that they are not responsible. Supposedly according to Georgia Law this is all they have to do. However one of the mechanics at the shop told me that they were having problems with break ins recently and had planned on putting up an iron fence, but the owner was draggin his feet. I am thinking about taking them to small claims court based on this info. If they knew they had a problem with break ins and have done nothing about it, isnt that negligence?
Click to expand...

i think a lawyer would be a better source of legal opinion.

btw, how much was yoru car worth?
Click to expand...



1993 Saturn maybe $2500
 
Actually I just saw something on the news about how if you get your car valet parked and it gets stolen, its the place that parked it's responsibility to pay for a new car even though they tell you they are not responsible for the car being damaged or stolen (same with ski mountains.. the ticket says that if you get hurt or dead they are not liable)

Turns out those warnings are just there to scare people away from suing, but they don't actually mean anything.

I might think that this story applies to your situation.
 
For you to sue for negligence a few different conditions must be met.

1. They had to owe you a "duty of care". (were you among those who would foreseeable be at risk of harm stemming from their activities or conduct?)

2. That they committed a breach of this duty. (by not putting up more security measures (iron fence))

3. That this breach was the actual and proximate cause of the injury. (You will probably have to prove actual cause)

This is just to get you started, i would definitely talk to a lawyer if you wanted to take legal action though.

Regards
 
you can sue for whatever you want, thats what makes this America.


Im going to go break into someones house to steal their crap and cut my hand on glass and ill sue
 
Originally posted by: xXped0thugXx
you can sue for whatever you want, thats what makes this America.


Im going to go break into someones house to steal their crap and cut my hand on glass and ill sue
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Regardless of the stories it doesn't quite work like that. Courts rule that when a "trespasser" enters the land without its possessors consent and without any other privilege. The possessor of that land owes no duty of reasonable care to the the trespasser. Therefore the plaintiff cannot prove negligence since the defendant did not owe a duty of reasonable care to the trespasser.
 
Owner's intentions sound imaterial, if they were compliant with the law. I don't really see a case based on your first post.
 
Originally posted by: Smithy18
Originally posted by: xXped0thugXx
you can sue for whatever you want, thats what makes this America.


Im going to go break into someones house to steal their crap and cut my hand on glass and ill sue
Click to expand...
Regardless of the stories it doesn't quite work like that. Courts rule that when a "trespasser" enters the land without its possessors consent and without any other privilege. The possessor of that land owes no duty of reasonable care to the the trespasser. Therefore the plaintiff cannot prove negligence since the defendant did not owe a duty of reasonable care to the trespasser.
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That depends on the age/mental capacity of the trespasser, at least in Ohio. For example, if an adult trespasses and falls into your pool and drowns, you're not liable but if a 5 year old does the same thing, you are liable. The pool is considered an attraction or some such thing, not sure on the specific phrase.

ZV
 
Turns out those warnings are just there to scare people away from suing, but they don't actually mean anything.
Click to expand...
Similar in kind is when you see a warning on the back of a truck carrying stuff and it says "Stay back 200 feet. Not responsible for damage." They are, of course, responsible for damage from things flying off their vehicle.
 
Just got off the phone with the State Insurance Commissioner, according to them I can file a claim on their insurance, however it will take a long time and they will probably deny the claim. If I file with my insurance their insurance will probably deny the claim and then my insurance will go after them. I also do have the legal right to sue due to negligence and what the mechanic said in combination with what the police officer said (he said since they have moved they have had many many break ins).
 
Originally posted by: Yossarian
do you really think that mechanic is going to testify on your behalf, and then lose his job for you?
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I wouldn't assume that would be necessary. I'd imagine the police might be aware of the situation if there are "many, many" break-ins/stolen vehicles at the same location.
 
Go through your insurance. Let them handle the mechanics insurance company. See if you can get a loner paid for by the mechanic in the mean time.
 
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