Advice please: our vehicle stolen from car dealer

wgl2014

George_Michael wrote: »

It could possibly be argued that a business taking possession of a vehicle belonging to someone else then storing it on their premises without ensuring that it was adequately insured for loss or damage is negligence in itself.

Do you have any examples of when that has been successfully argued?

I don't think that reasoning would cut it but happy to be proven wrong.

George_Michael

wgl2014 wrote: »

Do you have any examples of when that has been successfully argued?

I don't think that reasoning would cut it but happy to be proven wrong.

No, hence the reason I stated that it could possibly be the case.
I don't think that anyone would disagree that any business that has possession of goods belonging to another person has a duty of care towards those goods and IMO, ensuring that those goods are properly covered for loss or damage would be part of that duty of care.

wgl2014

George_Michael wrote: »

No, hence the reason I stated that it could possibly be the case.
I don't think that anyone would disagree that any business that has possession of goods belonging to another person has a duty of care towards those goods and IMO, ensuring that those goods are properly covered for loss or damage would be part of that duty of care.

I do see what you are saying and it may be an avenue that's worth pursuing however I don't agree that the dealer will necessarily be found negligent if they didn't arrange insurance cover.

If you parked your car in a privately owned car park and it was stolen would you try to claim from their insurance?

AndyMc.....

wgl2014 wrote: »

I do see what you are saying and it may be an avenue that's worth pursuing however I don't agree that the dealer will necessarily be found negligent if they didn't arrange insurance cover.

If you parked your car in a privately owned car park and it was stolen would you try to claim from their insurance?

What's that got to do with anything?

If you gave them a vehicle to sell it's reasonable to expect them to live up to their side of the contract or return the vehicle. It's probably where the phrase "sale or return" comes from.

wgl2014

However if the car is nicked by a third party does that make them liable? They cannot sell or return something they no longer have.

My point with the car park is that leaving your car with a business does not automatically make them liable if someone else steals it.

Car_54

wgl2014 wrote: »

I do see what you are saying and it may be an avenue that's worth pursuing however I don't agree that the dealer will necessarily be found negligent if they didn't arrange insurance cover.

The question of negligence is nothing to do with insurance: it's whether he was negligent in allowing the car to be stolen (inadequate security), and indeed whether he was responsible for the car in law.

George_Michael

wgl2014 wrote: »

If you parked your car in a privately owned car park and it was stolen would you try to claim from their insurance?

Not if I parked and kept the keys, but if I parked in that same car park and gave the keys to the owners so they then had full control of that car and it was stolen, then yes, I would try to claim from their insurance.


If you took your TV set to a repairers and it was stolen or damaged whilst in their possession, would you simply let it go and accept the loss or would you attempt to hold the repair shop liable?

Richard53

kev25v6 wrote: »

No different from breaking into your house, taking the keys and driving away. It’s the easier way now with new cars, houses are much less secure and easier to break into.

It's very different. With my insurance, if my house is broken into and the keys taken, I am covered. If I leave the keys in the car, I am not covered. The OP is suggesting that the latter might be the case here.