Auto Insurance Claims: responsibility to pay for vandalism, claims advice, claim help

Question
My car was in for repair at a car dealership.  They parked it in the car lot while waiting for an ordered part to come in for about 5 days.  They discovered that a vehicle part had been stolen from under my car in the lot when they were going to install the ordered part.  Now they want my insurance to cover it.  Shouldn't they be responsible for stolen part replacement, since the car and keys were in their possession at time of incident?

Answer
Hello Patty,

The garage is responsible for your damages while your vehicle is under their care and custody.  Garages carry - or should carry - what is called garagekeeper's coverage.  This type of policy covers damages such as you have suffered.

If the garage is being completely uncooperative, I suggest you contact your carrier if you have comprehensive coverage.   While your carrier will probably balk, they remain obligated to pay if the garage refuses and if you have the appropriate coverage.  If you do have coverage with your own carrier - and this is important, your carrier will "go after" the garage's insurance in a process called subrogation.  What this means is that the garage's policy is primary and will be obligated to pay the claim along with any deductible you might spend.  Insurance companies subrogate one another regularly.

If you have no appropriate coverage, or if the garage has no garagekeeper's coverage, your only recourse is through civil action.

Hope this makes sense.

Jane Pytel
http://SolutionsForYourInsuranceClaim.com