Mower stolen from shop while in for service!!

Discussion in 'Stolen Equipment' started by CentralAL, Apr 16, 2012.

  1. CentralAL

    CentralAL LawnSite Member
    Posts: 6

    Hey guys, I visited here all the time a few years ago while I was shopping for my first, and what I thought would be my only zero turn. It's been a while since I've been on here and had to register under a new name. Here goes....my Lazer was stolen from a local shop while getting serviced. I had to sign a service ticket when I dropped the mower off. I was told "sign here saying that you are leaving your mower with us for us to do the following work (with the items listed that we had discussed)" NOT ONCE did they disclose that I was releasing them from "losses due to theft, fire, acts of God, etc." My mower, along with a few others, where stolen from their shop and basically I've been told....sorry about your luck buddy. Thankfully I had a seperate insurance policy other then my homeowner policy. I really just want them to pay my deductible, $250, but they want no part of it. Are their hands clean??? Everyone I've talked with says no, but I'm no legal expert, but if they're not liable, what keeps them from doing an inside job every 2 or 3 years and pocket some cash? Any ideas??
     
  2. lazor-cut

    lazor-cut LawnSite Senior Member
    from Wixom
    Posts: 315

    did you file a police report???
    I would reread the contract to see what you ACTUALLY signed for!

    I know the feeling my mower was stolen in a case kinda like this one! http://www.lawnsite.com/showthread.php?t=359137 my buddy posted that!
     
  3. weeze

    weeze LawnSite Fanatic
    Posts: 8,504

    wow...i'd never go there again for sure. i'm not sure what you signed but to me if it was stolen from their shop then their insurance should pay for you a new mower.
     
  4. sehitchman

    sehitchman LawnSite Senior Member
    Posts: 761

    They are required to provide reasonable care. Locked doors, gates, security system. If not, then you could win in court.
     
  5. easy-lift guy

    easy-lift guy LawnSite Gold Member
    Posts: 3,376

    I also agree with this point, otherwise no vendor would allow new equipment in such an establishment. I would review the release again for specific coverage. You may win in small claims court, really depends on how far you care to proceed. I have similar reasons for not selling my products in certain retail locations as well. I hope you recover your losses.
    easy-lift guy
     
  6. southgalawns

    southgalawns LawnSite Member
    from ga
    Posts: 110

    You have to weigh your options, pay the 250 deductible, or pay filing fees, time from work and lawyer fees.
    Posted via Mobile Device
     
  7. I know some mowers were stolen from a dealer here and the dealer replaced them.
     
  8. Mowingman

    Mowingman LawnSite Platinum Member
    from Texas
    Posts: 4,663

    If you did not sign any kind of release when you signed the shop work order, then notify your insurance company. They may very well go after the shop to reimburse them for the full amount they paid out. Let the insurance go after them. You still get your money and a little satisfaction, if the insurance company wins. If they lose, the shop may still be out a good bit of money paying lawyers to fight the ins. co. lawyers.
     
  9. 32vld

    32vld LawnSite Gold Member
    Posts: 3,984

    This means a company can have you sign releases, and you will win in court. Thing is a lawyer will cost more then the deductable.

    If you can afford it you should fight it in court. They can be scaming you. Sold your mower, claimed it was stolen.
     
  10. clydebusa

    clydebusa LawnSite Bronze Member
    Posts: 1,660

    The shop should of filed the police report. All the above is so true, I would request the police report and insist they pay for the mower. If the shop was smart they would sell you a new mower at cost and apply the value of the old mower to it.
     

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