iPOD stolen from my car while being repaired at car dealership

[benny101]

What is the name of your state?
Dallas, Texas


My iPOD was stolen from my car while being repaired at the car dealership. I have the purchase receipt and orginal box. I want to know what possible courses of action I can pursue. Is the dealership liable for the item? Can I claim in on my car insurance? etc. Thanks in advance for any replies.

 

[JETX]

My iPOD was stolen from my car while being repaired at the car dealership. I have the purchase receipt and orginal box. I want to know what possible courses of action I can pursue.

Possible action???
1) You can forget about it and chalk it up as a 'lesson learned'.
2) You can argue with the dealership over your demand for compensation.
3) You can consider filing a small claims action against them.
4) You can file the loss against your insurance.
However, the latter three will probably get you nothing.

Is the dealership liable for the item?

Possibly. However, there are a LOT of legal hurdles you would have to jump to even get to that point. For example:
- Do they have a 'not liable for stolen items' disclaimer??
- Can you PROVE that the iPod was in the car at the time you dropped it off?
- How can you prove YOU were not negligent in leaving it there at the time?

Can I claim in on my car insurance?

Of course you can claim it. However, it probably will not meet your deductible and the insurance company can always deny your claim for some of the reasons stated above.

Personally, I would try my best to negotiate some type of settlement with the dealership. Failing that, I would accept it as a life lesson learned (be more responsible with property and don't leave it lying around where people could 'borrow' it).

 

[benny101]

I didn't leave it "laying" around in my car. The iPOD was in my center console, which was closed, meaning someone was digging through my car looking for loot. I don't know how putting my belongings in a closed center console, which was in a vehicle that I own, could constitute neglience.

 

[BelizeBreeze]

The iPOD was in my center console, which was closed, meaning someone was digging through my car looking for loot.

And WHOM might this someone be?

I don't know how putting my belongings in a closed center console, which was in a vehicle that I own, could constitute neglience.

I guess you do now.

 

[benny101]

However, there are a LOT of legal hurdles you would have to jump to even get to that point. For example:
- Do they have a 'not liable for stolen items' disclaimer??
- Can you PROVE that the iPod was in the car at the time you dropped it off?
- How can you prove YOU were not negligent in leaving it there at the time?


1) I did not see and did not sign anything that mentioned waiving the dealers responsibility for my car and belongings inside of it.
2) I have my parents that know I put it in the center console of the car but I don't have anything like photo's.
3) Well again I don't think putting my belongings in a closed center console in a vehicle that I own a sign of neglience.

 

[benny101]

And WHOM might this someone be?

1) Well if I knew I guess I wouldn't be posting here. I feel it's the dealership's responsibility to take care of my car and everything inside of it.


I guess you do now.

1) So i'm to understand that keeping personal belongings inside of a vehicle that you own constitutes neglience. That doesn't make much sense considering someone stealing from your car is the same thing as someone stealing from your house. I guess if you have a maid that digs through your drawers and decides to take some of your stuff, it is your own neglience that caused the items to be stolen. I mean after all you could have kept everything worth more than $100+ in a safety deposit box, maybe you could keep everything in a huge safe that goes in the basement.

 

[JETX]

I did not see and did not sign anything that mentioned waiving the dealers responsibility for my car and belongings inside of it.

Not relevant. Look at the paperwork from your authorizing the work. Ask the dealer. If there is a waiver, you need to determine if IT is valid or not.

I have my parents that know I put it in the center console of the car but I don't have anything like photo's.

Then you have nothing. Your parents will be viewed as 'biased' and of little, if any, benefit to you.

Well again I don't think putting my belongings in a closed center console in a vehicle that I own a sign of neglience.

It is. If you are going to be placing your vehicle in the control of someone else, the obligation is on YOU to secure it. That could be done by removing any valuable property from your car, carrying it with you, or otherwise securing it somehow (trunk, locked glovebox, etc.).

 

[BelizeBreeze]

1) Well if I knew I guess I wouldn't be posting here. I feel it's the dealership's responsibility to take care of my car and everything inside of it.

Are you really this dense? Where is your bailment agreement with the dealership? How do you propose to prove the item was where you say it was? How do you prove it was in fact, stolen and you did not take it before giving the car over?

You HAVE NO CASE!!!

1) So i'm to understand that keeping personal belongings inside of a vehicle that you own constitutes neglience.

That is NOT what anyone told you. You are simply looking for an excuse to blame someone else for your stupidity. IF the property was in the car and IF you valued it and IF it was in fact stolen, you shoulder all of the blame AND the burden of proof.

I won't even respond to your idiot analogy. It is NOT the same but until someone agrees with you you'll continue coming back with more excuses why you have no blame in this.

 

[JETX]

I feel it's the dealership's responsibility to take care of my car and everything inside of it.

It's not. What you have is called a 'bailment for hire'. Simply, you are placing YOUR property into their control and custody and paying them for services to be rendered. As such, they are expected to provide 'reasonable care' for the vehicle. They would be liable for any damages or loss that might occur due to their failure to provide 'reasonable care' to the vehicle. Protecting something that YOU negligently left in the vehicle does not rise to that level of obligation.

So i'm to understand that keeping personal belongings inside of a vehicle that you own constitutes neglience. That doesn't make much sense considering someone stealing from your car is the same thing as someone stealing from your house.

Lets see if this makes sense. Lets say your house is up for sale and you schedule an open house... AND you leave a few hundred dollar bills lying on a table. Would you be surprised if, after a 100 or so strangers wander through your property, the money is gone??? Of course not. In essence that is what you did. You left your iPod in your vehicle and gave the vehicle to 'strangers'.

Bottom line... we are not going to argue with you. The principal of liability is clear. As previously noted, try to negotiate a settlement. If you can't, then consider a lawsuit.

 

[benny101]

Belize, I don't know why you decided to take the thread so personally. I never meant to offend you or anyone with this thread. It seems my ignorance enrages you. I think maybe it's time you spent some time away from the forums in order to regain some composure. I know you guys answer alot of low brow questions like mine but isn't that what this forum is for? I understand what you said and I recognize that you are right in the eyes of the law but I feel the need to ask and question because I don't understand. Well thanks for all the help, I really appreciate you taking the time to reply to my questions. Take Care.

 

[BSJM]

I agree with Benny that some of the Sr. members tend to treat some of the new non-legal-types who have questions as bumbling idiots. But at the same time, they do provide some valuable advice. As far as leaving an i-pod in your car, I think it's a shame you lost it but doesn't surprise me a bit. Would you have left $300 in cash in your console? When I turn my car in for service, I assume that all my spare change in the tray will be gone when I get the car back. If it's still there, then I come out ahead. If I were worried about losing it, I'd take the change out. If you really want to make them settle with you (and you don't mind a little embarassment), march up and down the sidewalk with a big sign that says "My personal belongings disappeared from my car after being serviced here". That negative publicity should get them to want to settle with you.

 

[JETX]

Or it could get you arrested for 'parading without a permit'..... or trespassing if on their property.

 

[Lorane]

First, try to talk to the manager. Let him know that you are willing to take the case to small claims court. Attorney's are not allowed in small claims court. Also let the manager know that you do have the right to turn them into the Better Business Bureau. And you do have the right to contact the Attorney Generals office.
Some of the people on this forum are just plain mean spirited.
Good Luck!

 

[BelizeBreeze]

First, try to talk to the manager. Let him know that you are willing to take the case to small claims court. Attorney's are not allowed in small claims court. Also let the manager know that you do have the right to turn them into the Better Business Bureau. And you do have the right to contact the Attorney Generals office.
Some of the people on this forum are just plain mean spirited.
Good Luck!

Especially when others give false hope as in this case, wasting the poster's time and money.

 

[JETX]

Attorney's are not allowed in small claims court.

And of course, that is NOT true!!!

And you do have the right to contact the Attorney Generals office.

And though certainly a 'right', the AG's office has nothing to do with the claim of stolen property.... or compensation. But go ahead and contact them anyway. The attorneys that I know at the AG's office work hard and need a good laugh every once in a while!!

Some of the people on this forum are just plain mean spirited.

And some simply have NO legal education or knowledge.... and yet insist on posting incorrect information on the forum, causing confusion and problems. Simply, if you don't KNOW, don't post your inane and incorrect 'opinion'.