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So this happened

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Bulldog

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Sounds like the dealership is in a terrible neighborhood! Wow.
Unfortunately it is in a really depressed old logging town with a bad meth problem, it’s also 50 mi away from my house, my other choice is about the same distance and it isn’t much better it’s a really old military shipyard town with a meth problem, and the Jeep dealers service department wait time is 2mo, next real choice is Seattle/Tacoma about 80 mi away so choices are limited but hey I live in the rainforest surrounded by mountains and sea and tons of excellent Jeep trails so it’s a trade off.
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waltinvt

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That makes no sense. Has it ever been tested in court? I was told if someone receives personal injury or property damage while on my property, my liability insurance would cover it. I would think the same would apply to the dealership's liability insurance.
 

BobcatBruno

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Most dealerships and repair shops don't have to take responsibility for things that happen when you leave your vehicles there overnight for repairs, that's what you have insurance for. My buddies daughters car was stolen from Modern Nissan in Concord about a month ago, they broke in got the keys and took it. The dealership took no responsibility for it and they tried to get a lawyer but were told by a few lawyers that normally there is nothing you can do and to file a police report, which already had been done. They did recover the vehicle 4 days later and charged the guy.

If it had been something the dealership did, like scratched it up or damaged lights while they were doing repairs then it would be on them. When something happens like this when it's something stolen or vandalism then it's a criminal case and the person who did it is the responsible party, whenever they are caught if they are caught. I know it sucks but that's the way it was explained to them from what they told me and that's from the police and a lawyer.
That happened in Concord? Crazy. About 10 minutes from my house.
 

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Mr._Bill

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That makes no sense. Has it ever been tested in court? I was told if someone receives personal injury or property damage while on my property, my liability insurance would cover it. I would think the same would apply to the dealership's liability insurance.
That's why you see signs posted at commercial locations stating they are not responsible for theft or damage. The cost for insurance and prevention is high. They do whatever they can to push the responsibility away from them.
 

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Jeeperjamie

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That makes no sense. Has it ever been tested in court? I was told if someone receives personal injury or property damage while on my property, my liability insurance would cover it. I would think the same would apply to the dealership's liability insurance.
Good luck getting a lawyer to take a case like that. I have known more than a couple people try to get in court but you would be almost crazy to try to fight a dealership in court with no lawyer.
 

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I had my dodge bed stripped while awaiting repairs at a local dealer a few years ago, tools my cold weater stuff and what not. Saw a zombie a few weeks later in my fleece hat but it was so filthy I didn't confront him. Same dealer yesterday, brand new dodge 4x4 truck o.n The discs. Not tire or wheel to be seen. Not even cinder blocks...This was front row center facing the main street through town....
 

ShadowsPapa

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What I have found - not simple answers, apparently -


Repair shops, auto body shops, and car dealers with a service department usually have something called “Garagekeepers” insurance. It covers physical damage to customers’ vehicles. However, there are three types of Garagekeepers insurance. Which one your shop has will determine whether or not your car is covered. Let’s start from “good” to “best”.

Legal Liability (Good)
This type of Garagekeepers coverage will only pay for damage to your vehicle if the repair shop was negligent in its care and custody. Did they leave the care windows open? Was your car left unlocked overnight? Did they leave the keys in the ignition? These are examples where legal liability would cover the loss. However, things like hailstorms, and windstorms that blow debris onto your car aren’t covered. Neither is a collision caused by another customer hitting your car. Even theft wouldn’t be covered if the vehicle had been properly secured.

Now keep in mind, you may have coverage on your own auto insurance policy if you’ve purchased physical damage (comprehensive and collision coverage). But what if you didn’t? What if you have an older vehicle with just “liability only” coverage? Then, in this scenario, your car is unprotected.

Direct Excess (Better)
This type of Garagekeepers will cover everything that “Legal Liability” does plus losses in excess of the coverage you may have on your car. So, let’s say a windstorm knocks down a tree branch that falls onto the hood of your car, causing damage. Clearly the repair shop isn’t negligent. In this scenario, the only way the shop would cover it is if you DON’T have comprehensive coverage. If you do, it would not be covered by the shop…time to call your insurance company.

“Excess” coverage means customers with “liability only” coverage will be covered by the shop. However, if you have “full coverage” (comprehensive and collision), you will have to file a claim with your own company.

Direct Primary (Best)
This type of Garagekeepers coverage pays for damage without regard to the shop’s liability, or whether or not you have full coverage on your vehicle. In other words, in this case…relax…your car is covered. The shop’s insurance will take care of it.

This agency always recommends “Direct Primary” coverage to auto repair service centers. The difference in cost is small, and it goes a log way in creating customer goodwill. It seems reasonable for customers to believe their car is covered for damage while it’s at the shop. Don’t you?

Keep in mind, the repair shop will usually have to pay some kind of deductible when your vehicle is damaged. That’s an out of pocket cost they did not expect. If something like this happens to you and the shop takes care of things…spread the word and tell others. Reward them for caring and treating the customer like family.

So, what should you do when taking your car in for repair? Ask. It’s okay. Better to know before you drop your car off, rather than finding out too late.

Chances are nothing will happen to your vehicle. However, all things being equal; if choosing between two repair facilities, wouldn’t you rather go to the one that has Garagekeepers with “Direct Primary” coverage? Wouldn’t you feel better knowing you won’t have to file a claim with your insurance company if something happens? Or worse yet, face paying thousands of dollars out of pocket because you didn’t have physical damage on the car and the shop only had legal liability for Garagekeepers?

Being an informed consumer will help you avoid this kind of unexpected expense.

--------------------------------
If your car is vandalized overnight while in the possession of an auto repair shop, whose insurance should pay to fix the damage?

Insurance companies and lawyers can certainly make arguments for both sides, but it's hard to get around this fact: Once a business takes care, custody and control of your vehicle, they are responsible for its safety. Even if the business took reasonable care, if your car is damaged, it is their insurance, not yours, that should process the claim and pay to fix it.

"It's not our fault, it's your responsibility," Mark Gaiffe said.

That's not exactly what Gaiffe expected to hear after getting some bad news from a Mesa Aamco service center.

"They told me my car had been burglarized overnight and had some damage incurred on it. They snapped the handle off," Gaiffe said.

The vandals damaged the door handle and window, broke into his Taurus, and stole a couple hundred dollars worth of automotive supplies. The Aamco had taken possession of the vehicle overnight to diagnose a transmission issue.

"It had to stay overnight because it only happened on cold starts after the vehicle sat for three or four days," Gaiffe said.

Gaiffe was certain that Aamco was liable for anything that happened while his car was on their premises. He expected that their insurance would pay the $800 auto body repair bill, but he says that's not what the shop manager told him.

"They just flat out told me to call my insurance company, and report it to my insurance company because they were not liable for it," Gaiffe said.

Gaiffe's insurance company did pay to fix the damage, but between his deductible and stolen property, he's out nearly $300. He doesn't think that's fair.

"In my opinion, Aamco should take responsibility," Gaiffe said.

After CBS 5 News contacted the owner of that Aamco, that's exactly what occurred. The owner told CBS 5 News there was a misunderstanding, his manager did not pass the buck, he told Gaiffe to have his insurer contact Aamco. He acknowledged his liability in this case and reimbursed Gaiffe his $100 deductible and for his lost property. Our thanks to Aamco in Mesa for resolving this matter so quickly.

Let's clear up any confusion once and for all. If your vehicle is in the care, control and custody of an auto repair shop, and it is damaged, the business is responsible. Call your insurer and have them contact the business to get their insurance information.

Copyright 2013 CBS 5 (KPHO Broadcasting Corporation). All
 

TwelveGaugeSage

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Let's clear up any confusion once and for all. If your vehicle is in the care, control and custody of an auto repair shop, and it is damaged, the business is responsible. Call your insurer and have them contact the business to get their insurance information.
This is excellent information. I'm not sure how a business can claim they aren't responsible for a vehicle left in their care. We aren't talking vandalism in a Walmart parking lot. You gave them the key. I had to have business insurance just to take photos of cars for car dealerships, knowing that they had garage keepers insurance.
 

cmb396

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When I took mine in to the dealer for warranty repairs and they keep it overnight .
I tell them to park it inside at night.They don't want to deal with me if something is stolen off of it.They did per my request.
Same!
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