Car broken into while at a dealership for repair

Herzlos

JamoLew said:

IF it was locked, in a secure compound and still broken into - it could be argued that they weren't negligent and therefore aren't responsible

Yeah, if the car was locked and in an open compound then it'd be no different to leaving it in any other car park. I'm not sure if it'd be muddied by the car being in a secure compound, but probably not.
If the car wasn't locked, then the liability is with the garage who failed to lock it.

Sticksy82

Thank you for the comments. 

The car was obviously not locked as no sign of break in damage at. Meaning that the dealership left it unlocked. 

I was asked when I dropped the car did I have everything I need out of it. At the time I didn’t need my cricket stuff. Plus thinking it’s probably as safe in there as it would be in my shed at home. 

I’m actually in process of taken legal action with them. As personally don’t feel that I should have to claim against my own insurance for their negligence. I have tried to sort this amicably with them. Unfortunately the cooperation that they have shown is very negative. 

Right or wrong they have a duty of care for the car and possessions. If it was actually smashed and properly broke into I probably wouldn’t feel as bad towards them, as in a case like that there is nothing they could do. 

In the grand scheme of things £900 to a well known dealership is probably a drop in the ocean to receiving bad publicity via different methods. 

Sticksy82

As somebody has said if the dealership locked my car. I would still have my stuff. 

So who is to blame?

A_Lert

Sticksy82 said:

The car was obviously not locked as no sign of break in damage at. Meaning that the dealership left it unlocked.

Lockpicking, electronic hacking, or a faulty lock would all let a thief into a locked car. Without CCTV of the theft there won't be proof either way. A civil court would go on balance of probabilities.

AdrianC

Sticksy82 said:

The car was obviously not locked as no sign of break in damage at. Meaning that the dealership left it unlocked.

That's a leap of logic. There are many ways to get into a locked car without leaving signs of breaking in.

I’m actually in process of taken legal action with them. As personally don’t feel that I should have to claim against my own insurance for their negligence.

A basic principle of taking legal action is that you mitigate your losses as far as is possible.

castle96

£900 for a cricket bat !!

Nearlyold

A_Lert said:

Sticksy82 said:

The car was obviously not locked as no sign of break in damage at. Meaning that the dealership left it unlocked.

Lockpicking, electronic hacking, or a faulty lock would all let a thief into a locked car. Without CCTV of the theft there won't be proof either way. A civil court would go on balance of probabilities.

AdrianC said:

Sticksy82 said:

The car was obviously not locked as no sign of break in damage at. Meaning that the dealership left it unlocked.

That's a leap of logic. There are many ways to get into a locked car without leaving signs of breaking in.

I’m actually in process of taken legal action with them. As personally don’t feel that I should have to claim against my own insurance for their negligence.

A basic principle of taking legal action is that you mitigate your losses as far as is possible.

Exactly - Vehicle Opening Tools | Auto Locksmith Tools | Genuine Lishi these only sell through accredited locksmiths however they do get into the hands of the nefarious.

Sea_Shell

Had they moved the car since you dropped it off?  Or was it where you left it?

Grey_Critic

Talk to your insurance company let them liase with the dealers insurance.- in theory the dealer is responsible but they may have it as a condition that all valuables are removed. I remember one customer left £15,000 in the glove box windows open and keys in the ignition. When I spoke with him he simply said well I trust you. Then there was the other with the very valuable gold necklace he claimed was missing - I simply handed him the phone and told him to call the Police - never heard from him again. We had a disclaimer notice in a prominent position.

wealdroam

OP, did you lock your car before handing the keys to the dealer?
In other words, did you leave the car unlocked, or did the dealer unlock the car and then fail to lock it again?

Also, I foresee a 'discussion' taking place on what exactly was stolen.
You say a couple of items have been recovered, but it is only your word against anyone else's that there was more stuff that hasn't been recovered.