Learned a lesson the hard way... Broke into

[firedaniel]

I have had my 2010 Wildwood 26tbss at the dealer for the past couple of weeks getting new axles and tires. Got a call this morning they had a break in last night and mine and 25 other units where broke into and the TV's stolen. Lesson learned if you take it in... Take the TV out I guess. The dealer says they are not responsible for the contents....I guess lesson learned!

Daniel

[kandl]

Originally Posted by firedaniel

The dealer says they are not responsible for the contents....

You have that in writing? Perhaps the dealer is simply trying to avoid a hit to the insurance policy.

[Boyd]

Originally Posted by firedaniel

I have had my 2010 Wildwood 26tbss at the dealer for the past couple of weeks getting new axles and tires. Got a call this morning they had a break in last night and mine and 25 other units where broke into and the TV's stolen. Lesson learned if you take it in... Take the TV out I guess. The dealer says they are not responsible for the contents....I guess lesson learned!

Daniel

That's ridiculous, of course they are responsible. Your unit was in their care ...... ask Judge Judy.

[Ovair]

Pretty sure they are responsible unless the work order you signed when you turned it in for service has a statement on it that they aren't.

[firedaniel]

They said its like you car broke into at Walmart. the store isn't responsible. I dont know...

[stevengb]

Walmart doesn't have a fenced area for keeping your RV while they make money repairing it...what if they stole your roof air con. Would they be responsible since you didn't remove it before leaving your tt un their care? I would get the owner involved and talk litigation if no effort to appease was made.

[tentcamper1]

also ask for a copy of the police report- an RV dealer friend of mine (years ago) had several units broken into and it turned out to be two of his employees. they stole TV's from new units and also ones being serviced. don't know if he had to pay for the "stuff" stolen from the units in service.
I would also contact your insurance agent and see what he has to say. my 2cents.

[wmtire]

Originally Posted by firedaniel

They said its like you car broke into at Walmart. the store isn't responsible. I dont know...

Unless TX is way different than LA in that aspect, then the dealer is liable for anythiing that happens to a customers property once the customer turns over possession of it.......no matter what little signs they may post, or bluffs they may try to pull.

Take Wally World for example. If your car is broke into in the parking lot, then Wal-mart could be off the hook, as they had no control over that....however, if your vehicle was damaged/or stolen while in the Tire Lube Express area, and you had handed over they keys to them, then they would be held liable.

It will fall under the dealers garage liability insurance......if he has it.

[Triguy]

Daniel,
Like most legal issues this is not simple and could cost you time and money. Weigh your decisions carefully.

You will need to determine your specific state law regarding liability issues. Don't bother asking here because it can vary depending on the area and (as I understand it) if there was a hold harmless agreement in effect.

I would actually call my insurance agent and have them research this with the insurance company's legal counsel.

But, you also need to ask yourself how important this is to you. Hopefully, the dealer is asking the same question of themselves and would just step up and cover it. That would earn a LOT of good will from you and the others, I bet.

If they don't cover, and you determine that you are in the right on this, are you ready to pony up the costs to fight them and potentially alienate the dealer? If you don't like them, then you have nothing to lose (except your time and legal bills). It may be worth it if the TV and ancillary damages to the trailer are significant.

[mbo]

Several years ago I had a farm tractor at local John Deere dealer for repairs. While it was sitting outside vandals broke cab windows, lights. gauges. Dealer called me the next day and told me that they would replace everything damaged-they did! I had not signed any work order.