Mower stolen from shop while in for service!!

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

  1. Ducke

    Ducke LawnSite Senior Member
    Posts: 353

    Something stinks in this story and I think its the dealership.
    1) Contact the Police and file a report on the stolen mower and the shop.
    2) Contact a lawyer and have a letter sent to the shop stating your intentions.
    Sitting back and wishing is not going to get anything done action is what is needed. It may cost you a few dollars but why let them get away with something like this. If they didn't do it themselves I bet their going to get reimburse by their insurance company for your lost mower.
    I say fight it don't let them bully you.
     
  2. Glenn Lawn Care

    Glenn Lawn Care LawnSite Silver Member
    Posts: 2,647

    I think their insurance should pay for a new mower for you! File a police report if you haven't or if they haven't yet. I would never go their again and make that clear to them!
     
  3. CentralAL

    CentralAL LawnSite Member
    Posts: 6

    The shop has filed a police report. I picked up a copy yesterday at the pd. My insurance agent has asked for a copy of the police report and said they will pay off the remaining balance of the mower, then cut me a check for the difference. The shop, is still telling me that when I signed the service ticket, I released them from all liability. It's really just the principle of the whole thing though. I would have thought all shops had garage liability...I guess that's why I don't get paid for thinking.
     
  4. 32vld

    32vld LawnSite Gold Member
    Posts: 3,984

    Your problem is not that your mower was stolen.

    Your problem is you are taking their word as gospel that they are not liable instead of seeking out a lawyer.
     
  5. tonygreek

    tonygreek LawnSite Gold Member
    Posts: 3,415

    Based on...? Does the ticket have anything on it along the lines of an indemnity clause?
     
  6. CentralAL

    CentralAL LawnSite Member
    Posts: 6

    Hard to read, but here goes...."While the manufacturer may warranty the goods sold to the customer, we make no warranties, express or implied, including any implied warranties of merchant ability or fitness, with respect to such goods. Not responsible for loss or damage in case of fire, theft, or any other cause beyond our control. I hereby authorize the above repair work to be done along with the necessary material and hereby grant you and/or your employees permission to operate the unit as necessary for the purpose of testing and/or inspection. An express mechanic's lien is hereby acknowledged on the above unit to secure the amount of repairs there to. (There is a minimum charge of .5 labor on repairs)
     
  7. Green Grass

    Green Grass LawnSite Member
    from MN
    Posts: 163

    Almost every dealer you go to when you sign the repair order it has this same clause on the bottom where you sign. It is the same from a car dealer to a mower dealer.
     
  8. clydebusa

    clydebusa LawnSite Bronze Member
    Posts: 1,660

    This is true!

    Wish you could post the name of the place, so no one else would go. But I realize this thread would die then.
     
  9. igotdiesel2

    igotdiesel2 LawnSite Member
    Posts: 135

    This is a similar story. A few years ago my Brother in law lost his 70 Challenger in a fire at a body shop. Their insurance paid for the value of the car at the time of the fire 95% restored. all it was in there for was paint. If the fire would have happened 1 day before and the car got smacked by the wall falling down because of the fire they would have owed him nothing because it was not in their secure building. No fenced in area to store cars waiting to be repaired. So I would say their insurance is responsible for your loss. As long as the doors were locked and the windows were shut, they did everything they could do to prevent this from happening right? -Jason
     
  10. nearbroken

    nearbroken LawnSite Member
    from Ohio
    Posts: 1

    Subrogation... Here is what is going to happen, regardless of whether you attorney-up: You file the claim with your insurance and pay the deductible; the insurance will conduct their own investigation; the insurance co.'s team of lawyers will get involved automatically to see if they can hold the shop liable (they aren't doing you a favor; they're trying to recover their own Loss); you get a check for the depreciated value less any outstanding lien (unless you have a policy / rider which entitles you to something more).

    I would also check with your lien-holder (the company which loaned you the money to buy the mower) if you do, indeed, still owe money on the mower. They may not care so much that the mower was "stolen;" however, they may have a dog in the fight since the shop lost a mower with which they still have an interest - they may argue that you don't have the ability to sign a hold-harmless clause. [Just a thought, though; I'm not an attorney]

    Beyond the above, I might recommend phoning a reputable (lol, reputable) attorney's office which offers free first-consultations. While it may not be feasible or cost-effective to actually pursue a full-out legal action, you might be surprised by how inexpensive it would be to have the attorney send a 1-page letter to the shop to show you're serious... a little legal posturing goes a long way.

    Btw, a small-claims suit in most jurisdictions is fairly cheap and informal. In my experience, the defendant (the shop) is the only party which needs to pony-up the money for an attorney. Be careful, though, because you could be responsible for their costs if you lose in court.
     

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