Mower stolen from shop while in for service!!

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

  1. nepatsfan

    nepatsfan LawnSite Gold Member
    Posts: 3,142

    It's a terrible thing that happened but why is it the shops fault? You did sign the paperwork saying that it wasn't their responsibility, why would you go back after something that they clearly stated in their contract wasn't their fault? If you chose not to read the contract before signing(which a lot of us do)that is your fault. I'm glad you have insurance but if they were stolen, what is the dealership supposed to do, they had a clear contract of exactly what they were responsible for.

    Keep in mind, I really do feel for you getting your mower stolen. I hate thieves! I have had things stolen myself. I would just pay the $250 and move on. It sucks for everyone involved, including the dealer.
     
  2. GreenI.A.

    GreenI.A. LawnSite Silver Member
    Posts: 2,132

    While it might seem the deductible is only $250, the claim could cost much more in the long run. With most policies when you file a claim your premium also increases for a number of years as well as your company is now seen as a liability. It is not uncommon for the deductible and an increase in premiums over years to cost more than the actual claim.

    Like someone mentioned above, your insurance company will usually fight to protect their interest. While they may initially have you pay the deductible, they may choose to go after the other company and their insurance to get reimbursed. If your insurance wins, then your claim will be removed and your deductible reimbursed. This is often the case when we are talking a large claim for a vehicle, personal injury, or property damage. But how hard is hour insurance going to fight for the relatively small claim of a lawn mower?

    Also I didn't see it described above, but what were the circumstances of the mower being stolen? Was the building actually broken into at night? Or was the mower left in an outside locked pen at night. Was it stolen during the night while they were closed or during the day? The reason I ask is that back when I was in high school I had a stereo stolen in the middle of the day while my truck was at the mechanic. The gate to the pen was shut but not locked as they were open, some one walked into the pen and stole a couple radios. the shop was liable as they did not properly secure our materials by keeping the gate locked during the day. Had the thief jumped a locked gate then the mechanic would not have been liable.
     
  3. nepatsfan

    nepatsfan LawnSite Gold Member
    Posts: 3,142

    I would agree with this. If he just left your mower out back overnight or something unlocked, I would think that they were negligent. If it was in a locked fence or something, then I would say the whole contract thing falls back on the owner. Either way, good luck.
     

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