Auto Insurance Claims: repair shop liability for car left ourside in unsecured area, customers cars, insurance question

Question
ok i had my car taken to a shop down town and and in the process of it getting fixed the place left my car outside in plain siteand easy acess to any one walkin by well someone threw a brick through my rear winsheild and stole my amp for my subs shouldnt the shop at least be reliable for the window

Answer
Hi Brian,

You are asking a contracts question, NOT an insurance question.  If there is a contracts expert on this site, I would suggest asking her.  Meantime, if you wish me to take a stab at it, I will bring forth some contract law considerations to see if that sheds any light on it for you.

This is such a common problem that one would think there is a hard and fast rule to solve it.  But that is not the case since each case turns on the facts.  In this case, you have not told me about the neighborhood or the reasonable expectations of safety for vehicles parked outside.  That might be the determining factor on liability.  

Another factor might be the business custom in the area.  If most business leave the customers' cars out of a fenced area, that is relevant evidence in favor of the shop.   Contrariwise, if this is an area where car prowls are common, then that is a reason the shop needs a secure storage area.  

Another factor is the value of the property and the likelihood that someone might covet the property or some part of it.  In this case, that could be your stereo.  You will contend that the shop owner should have seen the stereo and should have known that it would make a target for car prowlers.   At least that is part of your argument here.

Here is the basic contract problem.  Anytime someone entrusts personal property  (car, stereo, computer, hanging a coat in a restaurant coat room, etc.) to another a contractual relationship is set up.  It is called a bailment.  The one who leaves the property (in this case this is YOU) is called the balior.   The one who accepts the property (in this case that is the shop) is called the bailee.

The duty of care that must be exercised by a bailee varies, depending on the type of bailment.

There are three types of bailments: (1) for the benefit of the bailor and bailee; (2) for the sole benefit of the bailor; and (3) for the sole benefit of the bailee.

A bailment for the mutual benefit of the parties is created when there is an exchange of performances between the parties. That is what you did here.  You created a bailment for the repair of your car, and that was a bailment for mutual benefit since the shop owner, the bailee in this case, was to receive a fee in exchange for his work, as in the shop you employed.

So what duty did he owe to you?  In a bailment for mutual benefit, the bailee must take REASONABLE CARE of the bailed property. A bailee who fails to do so may be held liable for any damages incurred from his negligence.

Now, with all of that I have not answered your question.  That is because your facts are a bit incomplete.  But I believe I have given you sufficient guidance to figure out the result since you know the answer to the main issue: was it foreseeable that someone would be prowling cars in that neighborhood?

My guess is that you should use my arguments above to form a claim against the shop and its insurance company for damage to the asset you left in their care.  I would mention both the neighborhood and the fact that anyone could look inside and see that this stereo is an asset worth stealing.

Hence, make them pay you via their insurance.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com