Vehicle stolen from repairers, who's liable?

morsefull

My vehicle was in to have some bodywork done at a local garage,
I dropped it off in the morning and gave them the keys.
The next morning I had a call to say it'd been stolen from their secured compound. I drove round immediately, spoke to the owner who showed me the keys and said he'd have to keep them to show the police.

I asked if they are insured and was told I'd have to claim off my insurance as this was the norm.
I contacted my insurance company who were quite unwilling to help, suggesting I can pursue the garage owner for compensation but would have to do it on my own, or I could claim on my policy with them susequently losing my excess and no-claims bonus.
Logic tells me he is responsible for my vehicle once it is taken into his care.

As usual with insurance claims it seems no-one wants to pay up, apart of course from the driver who HAS to pay a premium.
For what?

Can anyone advise me how to proceed?

davidjwest

Which insurance co are you with, I'll steer clear of them.

morsefull

davidjwest wrote: »

Which insurance co are you with, I'll steer clear of them.

Smart people Budget!

johnson293

I may be wrong, but I would have thought they would have to be insured for any cars they are dealing with.

What happens if they are on a test drive in a car, and have an accident? They would be responsible then, surely?

So it should be the same sort of liability if any customer car is damaged and/or stolen while in their care, especially if it was in their 'secure' compound overnight.

Don't see why the claim should be on your insurance - though I may be wrong.

Hintza

morsefull wrote: »

Can anyone advise me how to proceed?

The garage's T&C's if they have any and even then they will say "left at the owners risk".

So I guess you will need to chat to a solicitor.

Must happen relatively often so their should be some case law on this.

withabix

I replied to the OTHER thread....

https://forums.moneysavingexpert.com/discussion/2836430

atrixblue.-MFR-.

secure compound was it secure? obviously not for them to access and pinch a vehicle, is the garage covered by cctv? whats the police's uptake on the case and what did the garage say to them? did they leave your vehicle unlocked? was your car the sole target was anything missing from other vehicles?, what car do/did you have? you have to establish yourself who you think is liable, start askin questions with the owner of the garage, with the police to see the police report. how much fuel was in it if not much pop into nearby petrol stations and ask if they can have a look at the cctv for you car (give them the reg) if it was fueled up or they popped in for ciggies then they may have the culprit on cctv, then tell the police that footage is available for possible arrest.

some petrol stations may help some may tell you no because of data protection but your not askin to view the footage just simply askin if they could have a look through footage of the night it went missing. it wont bring the car back but atleast youll know how he pinched it! and him being brought to justice.

hartcjhart

If you handed the keys to the people at the garage then THEY are liable,no matter what signs they have,by leaving the car in their compound they are liable for "duty of care'

withabix

hartcjhart wrote: »

If you handed the keys to the people at the garage then THEY are liable,no matter what signs they have,by leaving the car in their compound they are liable for "duty of care'

The keys are not missing. Only the car is.

If someone broke into the compound, broke into the car and subsequently stole it, then how have the garage not carried out their 'duty of care' anyway.

It is for your insurers to deal with. It's their job to pursue other parties for recompense. That's part of what you pay your insurance premium FOR.

colino

What kind of car was it that was able to be stolen, without the keys, from a locked yard?

dzug1

Well one possibility is (and it's happened to me, though not with a car):

the garage is liable
they claim from their insurance company
their insurance company say you must claim on your insurance as they don't cover risks that are already separately insured.