someone broke into my car while it was gone for fixing who is responsible !?

Question

I took my car to the shop and after it was fixed they left the car outside to be picked up when i came closer to the car at night i realized somebody broke into my car and took my portable cd player not only that my both front window is broken . Next morning i got hold of the shop owner he said his insurance company will not for the damage you might try the landlord of the shopping mall know he gave me the landlords contact info
my question who is responsible for my car is the shop owner or the landlord of the shopping mall . your promt response will be greatly appriciated

p.s. I do not have any insurance it was gone for renewal at the time.

Answer 1

Dodge man hit it pretty much on the button, but to continue, generally when you drop a car off at a shop they have you sign a repair order that gives authorization to repair the vehicle, in this information generally in small print it will tell the terms of the shops responsibility, if not, have the shop give you a copy of their disclaimer that says they are not liable for damages. Generally there is a posted sign inside of the door that says it all though, usually saying "We are not liable for any damages or stolen items to customer's vehicles.", this is a legal disclaimer and no actions can be taken against the shop. Usually the insurance a shop has is for any damages that may be caused by an employee of theirs while doing repairs such as on a test drive if they have an accident or if something happens that they caused, this does not include vehicles in the storage or parked on the premises, most generally it is taken for granted that if someone has a vehicle they will have insurance on their vehicles which would cover theft etc.
A used window may be available that you may be able to talk the owner of the shop into replacing at a reduced price since it happened on his premises even though he isn't liable for the damages. Using Car-Part.com, you might be able to find a part in your city.
Hope this helps.
-not to be used as legal reference-

Answer 2

You may be responsible. A lot of shops will post signs or its in the fine print of the repair order you signed that states that the business is not responsible for lost or stolen items.

A good business owner would give you a discount on repair for your window, but a mall parking lot is public and therefore never safe for a vehicle especially at night. You may have to bite the bullet on this one and chalk it up to an unlucky situation

Answer 3

This is what you will be asked by the insurance company. Did you ask them to park the car outside so you could pick it up? How late was it and does the mall have 24 hour guards? if : I ask them to leave it outside. After the mall closed and no 24 hour guards.

Then Sadly the Cost is yours.

Answer 4

most repair shops have signs up that their not responsible for stolen property because their insurance wont cover this,so your insurance would have to cover it if not,it may not be covered,in this case really the responsibility falls back on you ,the insurance should have been up to date on it,they probably wont pay a dime on this one,good luck on it.you may be at a loss with this one,without having insurance there's nothing that can be done about it.

Answer 5

It seems to me the shop owner would be, even though they'll deny it. By taking possesion of the car he jas a legal requirement to keep an eye on it, theres a legal name for it but I can't remember it right now. And those signs that say they are not responsible aren't necessarily true.

Answer 6

as long as it is on the property of the fixer and the papers for the repair had been signed the shop is, if not you are, and also untill u sign the receipt the shop is in posession, thare for the sop shuld cover it. but thay are not responsible for personal things

Answer 7

they are both responsible