Vehicle stolen from repairers, who's liable?

morsefull

Vehicle stolen from repairers, who's liable?
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?

withabix

I believe this still falls under your insurance, because the car could have been stolen from anywhere.

The garage owner has presumably not done anything to assist or enable the theft, because they still have the keys.

Was the compound broken into?

paulsad

Let your insurers sort it out for you.

vaio

Read your policy as I vaguely remember they sometimes have different rules if the car is in the hands of the motor trade for service or repair.

Otherwise I’d say the garage is liable, you gave it to them, they lost it, they should replace it.

Nelsonyouth

My understanding (and I deal with these types of claim almost daily) is that the vehicle was in the care and custody of the repairer, therefore the claim should go through their own Motor Trade Policy.

I would approach them and tell them this.

staggy

I agree... it sounds like a "fob off" by the garage.

If they have a Motor Trade Combined policy (not just Road Risks) it would normally be covered by their insurers.

The garage will of course be reluctant to claim because it goes against their policy and it could end up with their premiums being "hiked" at next renewal.

It's not uncommon for a garage owner to try this but in the main most view it as their responsibility (which it is because the vehicle was in their custody/control) and as a matter of good customer service they should offer you a replacement vehicle (which they can also claim for) whilst you are inconvenienced and everybody argues about settlement values

dacouch

Nelsonyouth wrote: »

My understanding (and I deal with these types of claim almost daily) is that the vehicle was in the care and custody of the repairer, therefore the claim should go through their own Motor Trade Policy.

I would approach them and tell them this.

That is not neccessarily correct, technically the garage are normally only liable for the losses if they are legally liable. This would generally be if they could "Reasonably" have avoided the claim. If their security and processes were reasonable to prevent thefts then they will often not be liable.

However some Motortrade Insurers will pay these claims (Where they are not legally liable) out as a favour to the garage to keep good customer relations.

MrRedundant

I think OP you really need to put in into your insurers hands. If there is any liability against the garage they will pursue it and if they suceed your NCB and excess will be fine.

I think your believe that this is unfair is a bit poor; as long as the garage have taken reasonable precations to secure vehicles I dont see why its any different if it was robbed from their, your drive or the supermarket.

Crazy_Jamie

vaio wrote: »

Otherwise I’d say the garage is liable, you gave it to them, they lost it, they should replace it.

Except they didn't lose it- it was stolen. Attempting to fundamentally hold someone civilly liable for the criminal actions of a third party with no information as to whether that party was in any way at fault is an uphill struggle at best. Even with principles of bailment, if they have done everything that they could reasonably have expected to have done then they will not be liable.

Realistically you need more information about how this break in occurred. If the secure compound was left unsecured for any reason then your chances of recovering against the garage will increase dramatically. If the compound was secure and entry was gained using tools and such then your chances of recovery will be slight.

Ultimately in the absence of any information that shows actual fault on the part of the garage or its employees you will simply be the victim of a crime and nothing more, for which you should go through your own insurer. The garage should provide you with information as to how your car could have been stolen, though, which should come direct from them as well as from police findings.

staggy

This thread seems to have turned into an argument about legal liability. To be honest this is pretty superfluous unless the garage do not have the correct cover usually provided by a Motor Trade Combined policy. I'm no claims expert but I underwrite Motor Trade risks exclusively and there is a specific item under the material damage section of a combined policy that will cover "customers vehicles" whilst in their custody or control. Irrespective of wether they are "legally liable" or not the garage could have this cover and simply be deflecting the OP towards their own insurance instead of doing the right thing and letting the Motor Trade insurer deal with it. They garage will of course still be obliged to report the incident to their insurers under the general conditions (claims).