Trailer broken into while at dealer

[AJ_MN]

So we had our trailer at the dealer for another service call and while it was there it was broken into. It seems the night or two after we picked up our trailer, the new trailer lot at the same dealer had major theft, they don't know which night since they were closed the next day. The sad thing is they were 'fixing' something that had been attempted to fix the previous warranty service trip.

My question is who is liable in the case when we trusted our trailer to the dealer and there was major theft from inside the trailer. One door lock was broken, not both. Which tells me the dealer only locked the handle, not the deadbolt.

I am told by the GM that they only carry insurance to cover their items, not their customers.

Anyone have this happen and how to resolve?

[OldCoot]

Turn it into your insurance company and let them fight it out.

[Chpusmc]

Get the dealerships insurance carrier and call them directly. How did the thieves gain access to the, I'm assuming, parts/service department? Did the cut locks? Did the cut a fence? Was there a fence?

Do you have a list of what was stolen or damaged? Depending on the cost you can see what the dealer willing to do to retain a customer. I'd you have to use your insurance see if the dealership will cover your deductible, since they didn't lock both locks on something that was entrusted to their care.

[WolfWhistle]

Originally Posted by OldCoot

Turn it into your insurance company and let them fight it out.

x2

[Ford Idaho]

Originally Posted by WolfWhistle

x2

X3

This is what we pay insurance Co. to do, make them earn their keep.

[northstar1960]

Originally Posted by AJ_MN

So we had our trailer at the dealer for another service call and while it was there it was broken into. It seems the night or two after we picked up our trailer, the new trailer lot at the same dealer had major theft, they don't know which night since they were closed the next day. The sad thing is they were 'fixing' something that had been attempted to fix the previous warranty service trip.

My question is who is liable in the case when we trusted our trailer to the dealer and there was major theft from inside the trailer. One door lock was broken, not both. Which tells me the dealer only locked the handle, not the deadbolt.

I am told by the GM that they only carry insurance to cover their items, not their customers.

Anyone have this happen and how to resolve?

Seems the dealer has a fiduciary responsibility . since it was in there care . there ins should cover it . they just don't want to make a claim so turn it over to yours and they will collect it for you

[f5moab]

Had a car stolen at a dealer once, my insurance covered it; not the dealer. This was in MI so laws are different. Dealer did give me a free 30 day rental, didn't have to, since the ins would not pay off for thirty days waiting to see if it was recovered (thankfully it wasn't).

[Still Kickin]

Originally Posted by Chpusmc

Get the dealerships insurance carrier and call them directly. How did the thieves gain access to the, I'm assuming, parts/service department? Did the cut locks? Did the cut a fence? Was there a fence?

Do you have a list of what was stolen or damaged? Depending on the cost you can see what the dealer willing to do to retain a customer. I'd you have to use your insurance see if the dealership will cover your deductible, since they didn't lock both locks on something that was entrusted to their care.

This poster is correct, do NOT just turn the claim over to your insurance company, that is a huge mistake. It is called "subrogation ". The second you let your own insurance company handle the claim, you relinquish ALL controll how it is handled. You need to contact the dealers insurance carrier and explain that "it is assumed that reasonable expectation of security is provided on the dealer premises, therefore please direct me on filling a claim with you" Start with that line and then listen to the song and dance routine. If you don't want to make sure you get reimbursed for all loss, including your deductable, then turn it over to your insurance co. and enjoy the ride!

The law doctrines in play here are; reasonable expectation to secure your property, when in control of your repair facility. Person responsible is the dealer, regardless if they have insurance to cover such loss. If the dealer cheapo'd out and didn't have that "rider", not your problem. Immediately file a police report in the town of loss, listing with them the full contents of your loss with replacement values. Nothing brings someones attention more than a small claims proceding. But, hold that till you here the whole song and dance routine. Oh, one more thing, do take contemperanious notes on all conversations. Let us know how much, if any tap dancing occurs.

Lastly, you always want to avoid claims with your own insurance company, where they may payout a claim to you, and it was not your fault for the loss occured. The reason is called "frequency of claims" which is taken into account when things like premiums and renewal are coming up.

[Flybob]

Check the dealership many RV and auto dealers have signs that say not responsible for theft on their lots. If the dealer used reasonable efforts to secure the lot and it was broken into as well as your TT, then it will most likely have to go to your ins co.

[ilmor]

The way to handle it is to call both insurance companies and make a claim to each. Let them know each insurance company's info. Then they will work it out.

[northstar1960]

Even your own ins company will go after all cost and even get your deductible back . Had a guy hit me on my bike no ins . my company paid up i paid my deductible which they ended up collecting and paying back to me . no headaches no confrontations with dealers , let them work for you you'll be surprised at how good they are at collecting . made to whole issue very easy.they will get all moneys owed . get a list and cost of items and repairs give to your ins and let them do the work . you'll get 100% covered this way

[Still Kickin]

Originally Posted by Flybob

Check the dealership many RV and auto dealers have signs that say not responsible for theft on their lots. If the dealer used reasonable efforts to secure the lot and it was broken into as well as your TT, then it will most likely have to go to your ins co.

Not true. Posting a sign does not relieve a business of their fiduciary responsibilty. The signage is to make you think you are SOL.

[mjones12]

Originally Posted by Still Kickin

Not true. Posting a sign does not relieve a business of their fiduciary responsibilty. The signage is to make you think you are SOL.

Right. They can post a sign that says anything, but means nothing legally.

[CNYCamper]

First thing is to make sure a police report was filed.
Next, estimate cost of repairs against amount of your deductible - is it worthwhile making a claim with your insurer? Once you make a claim, your insurer will seek reimbursement for any money they pay as well as your deductible (which they will then give to you so you are out no money.) This assumes the dealer is negligent in allowing your RV to be broken into.
The dealer is not guaranteeing no damage will occur to your RV while in their care. Think of if you borrowed a friend's truck for the week-end and you are getting all the benefit. You would be expected to exercise a high degree of care, but not to the extent of posting an armed guard. They are required to take reasonable and prudent steps depending on circumstances. E.g., if a high crime area, kept behind a locked fence.
I can tell you from experience relatively few dealers/garages/lots carry garage keepers liability insurance (damage to customers vehicles left in their care) due to the cost.
If the dealer is negligent then you or your insurer can file a claim and the dealer would have to pay out of pocket.
Best of luck with your situation.

[Chpusmc]

Originally Posted by Flybob

Check the dealership many RV and auto dealers have signs that say not responsible for theft on their lots. If the dealer used reasonable efforts to secure the lot and it was broken into as well as your TT, then it will most likely have to go to your ins co.

Just because one places a sign saying they are not responsible does not automatically get them out of anything.

Best example is gravel trailers that put a sticker on the back stating, "stay back 300' not responsible for windshield damage" does not get them out of breaking your windshield with a rock that falls from their truck while their truck is in motion.

Depending on the state I would like to say that the dealership is partly responsible for what happens on their lot when their employees "secure" your vehicle. Not to say of course the crooks could have broken or pryed open the deadbolt as well. It would be worth a shot to call for me, who works 50 hours a week. If I hit a brick wall I could fall back on my insurance. I've always found out that small stuff covered out of the insurance hands fairs better for resale.

[Chpusmc]

I see this thread has the possibility of rapidly causing the end of mankind.

[AJ_MN]

Thanks for everyone's replies already, really appreciate it! We have the police report filed and with a full listing of what was missing. We really want to stay away from opening a claim on our insurance since it was out of our hands.

Will try to get their insurance information, but I don't think they will just hand it over since they already said it shouldn't be on their claim.

[Paul GA]

My advice... don't take "legal" advice from an Internet forum.

[GreenImp]

Originally Posted by Paul GA

My advice... don't take "legal" advice from an Internet forum.

What he said!!


Regarding the sign...a posted sign like that doesn't mean much, BUT what did you sign when dropping off the vehicle? A disclaimer signed by you is a very powerful document to be used against you.

[Rvdixie]

Agree. The dealer's Garage Keeper's Liability Insurance should cover your losses but I would just turn it into my insurance and let them fight it out. Shame on the dealer for not handling this on his own. If I where him I would just pay for it otherwise his insurance is going to rise probably by a larger amount than the claim.