Customer Drops Off Car At Dealership For Repairs, Gets Tires And Wheels Stolen Instead
Before you drop off your car at your local dealership for any sort of repairs, make sure you're clear on the chain of liability should anything happen to it—especially right now, when dealerships can barely afford those flappy air things, much less tires. A woman in Charlotte, NC was left with around $1,000 in damages when the tires and wheels were stolen from the 2005 Audi she'd left with the dealership over the weekend.
According to the Charlotte Observer, she left the car on a Friday to have its window and trunk repaired. On Monday morning, the dealer informed her that the tires and wheels had gone missing. The general manager of the dealership says his insurance policy won't cover theft of that sort, and it's up to the customer to pay for any damages. A competitor tells the paper that his policy also holds the customer responsible for lost or stolen property, but that he would have at least helped the woman by paying for part of the replacement costs. The bottom line: find out who is responsible for what before you leave the lot, so you're not surprised if something bad happens.
"Customer must pay for theft of tires, wheels" [Charlotte Observer] (Thanks to Michael!)
(Photo: TheTruthAbout...)
Post a comment
Comments:
man, i sure do hate those plastic flappy things.
and also this is pretty sad. poor lady. i wonder where the dealership was located? i don't know charlotte, so i don't know where the shady areas of town are.
Yeah, his insurance policy may not cover it, but that does not mean the company is not liable for the acts done to the car while in their control. I've had cases like this where a car was broken into while in for service, and the dealer had to pay. Also one where all windows were scratched (vandalism) and the dealer paid 100%. They take responsibility for the car in their possession.
Thats what you get when you take your car to get fixed at a dealer.
@takes_so_little: To me it sounds like the dealer could just steal the tires and shrug at the owner.
If the car is in their possession, they're liable for whatever happens to it. It's THEIR problem the insurance won't cover it, not hers. She should get a lawyer ASAP.
I think it's kind of weird that they would steel the rims off of a 2005 when they had the entire lot to pick from?
Or am I missing something in the story...
@nato0519: With an Audi the dealer is sometimes the cheapest option. There are a lot of mechanics that won't touch one.
@Hobz: Yea I think it's fairly weird as well. The scenario that's playing out in my head involves some guy coming onto the lot to buy a new car and saying "I want the rims that car has...." to which the salesman says "Sure" with out realizing it's a car on the lot for service.
As for liability, the dealer should be fully liable for any damage done to the car in the service center or on the lot as long as it's in their posession.
So what are you supposed to do? Hang out with the car the whole time it is being repaired? Doesnt a car dealership at least have some security cameras?
I have to imagine that those "Not responsible" disclaimers are worthless and that when I file my insurance claim my insurer will chase them to pay the damages...and probably be successful.
I'm not a lawyer but remembering some of the basics of a few business law classes I took this seems to be in direct violation of one of tenants of bailment ([en.wikipedia.org]).
It is reasonable to assume there will be a basic level of responsibility and care for other people's property when rendering services despite a posted sign or any contract clause. In any event the dealer should pony up the dough and deal with their insurance company on their own time.
If I owned a dealership I would be mortified if I couldn't provide adequate security for my customer's property I wouldn't shift blame.
The same exact thing happened to me around 10 years ago. I dropped off my car to the dealership for warranty service, and that night the wheels and tires were stolen off of at least ten cars. Initially they wanted me to go through insurance, but, then shortly after they said that to me, they just told me to come in and pick out new wheels. So, I ended up with a $2400 set of 18" wheels, which cost about double the cost of my old ones.
"He described the situation as one in which a person goes to a shopping mall and buys something at Target. The customer puts the item in the car and goes shopping at Old Navy. While in the second store, the customer's car is vandalized. Should Target or Old Navy be held responsible?"
Haha... I think of it kind of like, you take your computer into Best Buy to have the hard drive fixed and your mouse gets stolen?
Regardless, wouldn't her insurance cover the cost of the theft?
@Hobz: Dealer cars have dealer tags on them, not real license plates. It'd take a real moron to mistake a person's personal car for a new or used one sold by the dealer.
So if I park my car at Walmart, and it gets broken into, is Walmart liable for damages? How about my local ice cream shop? This is fairly common at dealerships, or service establishments (i.e. Midas, monroe muffler, et al)
Just because a car is sitting in a parking lot someplace doesn't make the owner of said parking lot liable for damages. It would go on the customer's insurance, and if the dealership is a classy sort of joint, they'll often cover the deductable for the customer. Posession in this sort of case is almost always "inside a locked area".
Now...if something like this happened while the car was parked inside the service department, things change.
It wasn't clear whether she left the car while the dealership was open or just dropped it off. That might make a difference in determining whether the dealership had possession and some obligation.
Also, doesn't she have her own insurance?
I'm sure YMMV by State. I'm very certain that in Ohio, that the dealer is 100% responsible since the vehichle was in their "possesion"
@TheBusDriver: That depends solely on the release form you sign when you hand them the keys.
Some dealers cover that type stuff. Others, as is the case here, do not.
I agree with the other dealer in the article, they could have at least done SOMETHING to help the lady out. Give her some steelies or something to at least get her rolling.
There's a large difference between parking in a parking lot and handing over your keys to a dealership for an overnight repair/maintenance operation. Also, if the dealership had moved the car inside, then moved it back out into the lot, they have a responsibility to place it somewhere safe. If the car is in the custody of the establishment (not just parked near it) and it is robbed, then the establishment is responsible. If your friend borrows your car, parks it on the street and the tires are stolen, your friend would be liable for parking it there and having it under their care.
@H3ion: That's a good point. If I leave my car there after hours, it seems obvious there isn't any staff there to ensure its safety, just like there isn't any staff to ensure the safety of any of the other cars.
But just because you have your own insurance, doesn't mean it's not a ding against your policy and you'll end up paying in some other way (like higher rates).
This is a nonissue if they took reasonable measures to secure the vehicle i.e. behind a locked gate. She should go through her insurance to have the rims and tires replaced and ideally the dealership would cover her deductible, if they were a good place to do business.
A comprehensive claim doesn't affect your rate at all in the state of NC. Furthermore, a $100 deductible on comprehensive is (in most cases) roughly $20 more then a $500 deductible. In my opinion, it's worth it.
small claims court. I'd give that a shot.
@99bandito: I think taking your car to the dealership implies that because you are entrusting your car to the dealership staff, they are taking on care of your car. Your car is there specifically because it needs to be there for maintenance.
Even if it's commonplace for dealerships to not carry any responsibility for a vehicle on their lot, your car is being left there under the care of staff. You're not just parking your car at Wal-Mart. There's a level of responsibility there on the part of the staff.
Wal-Mart is the place you go to unrelated to your car. Going to Wal-Mart has nothing to do with your car's safety, so they would not be liable for anything that
happens in their parking lot.
@sleze69: Honestly, the dealer could basically strip the car and say, "Gee, sorry that happened, but we can order some replacement parts for you if you want. We might even give you a 5% discount out of the goodness of our hearts."
@pecan 3.14159265: Not in this particular situation. Comprehensive claims don't affect your insurance rate in NC.
@99bandito: "So if I park my car at Walmart, and it gets broken into, is Walmart liable for damages?"
Don't make idiotic comparisons. These aren't the same and you know it.
When I take my car in for service at the dealer, I drive up to the service area of the dealer, a guy comes out takes my keys, writes down the VIN number, mileage, licenceplate number and goes around the vehicle looking for any dings & dents and records them (for liability purposes). After that I walk in side, and talk to a service manager who prints out the work to be done on the vehicle, gives me an estimated price and has me sign on the dotted line allowing them to service the vehicle.
This is completely different than simply parking your car in the walmart parking lot. You don't hand your car keys over to the greeter at walmart, he doesn't come out and record information about the vehicle, nor does he take direct posession of the vehicle at any point.
It's also one thing to say "Not responsible for lost property" to prevent yourself from being liable for lost laptops or other things that may have been left in the car. But to claim not responsible when an actual part of the vehicle is missing (not to mention a vital part)? No car owner would ever think that they needed to put secure locks on their tires when taking their vehicle in for service.
@nato0519: Ah yes, it's their fault for taking it to the dealer which is probably covered for free as part of the buying purpose instead of paying more money for another location that could also get ripped off. Makes total sense
@Hobz: Yeah but if the dealer takes the rims off lot cars they can't sell those!
..I mean, uh, tricky thieves!
(ok but seriously, I didn't read the linked article - no other car had parts taken?)
That's a great response. I don't know why people assume that if their insurance company denies a claim it means they're not still liable. Unless the customer signed a release that indicated they weren't liable, the dealership is still on the hook.
@Hobz: Yeah that analogy is crap - there's no reasonable assumption that Target and/or Old Navy will be protecting your car.
The analogy should be more along the lines of you buy at Target, go into Old Navy, they ask for it to be held at the register (to not confuse you with a shop lifter or whatever, it happens in stores all the time) and someone takes *that*
When you shop at Walmart, your car is not in their care, custody, or control. Apples and oranges, pal.
@99bandito: When you shop at Walmart, the car never leaves your possession - you aren't entrusting the care of the car to them (unless you're getting auto work done, but you didn't say that). Here, the dealership is taking (temporary) possession of the vehicle.
@ironchef: It's not an unreasonable suggestion, but there are other avenues that can (and should) be explored first)
I agree with others who say the dealer's action -- or should I say, inaction -- was entirely unacceptable.
If they received the customer's car for service -- i.e. she signed it in properly with a service advisor -- then it is their responsibility to take care of it while making repairs, and it is their responsibility to make any reparations in the case that the car is broken into or vandalized while on their watch.
There must be a way she can get them to cover her losses. I would talk to either a lawyer -- or the local news station's consumer reporter.
@coren:
Release or not, if they left it somewhere vulnerable (I don't know from the story if they did) instead of locked up on their lot (Left it on the street maybe?) Then they're responsible and can be sued for negligence.
Either way, I'd take a small claims case against the dealership, and put the burden of proof on them.
Small Claims cases are relatively inexpensive, and you can represent yourself (and the company must hire or retain a lawyer.)
@sleze69: "Someone stole your used rims and slightly worn tires...luckly we just got some used rims and slightly worn tires in stock!"
@tbax929: I get around that by giving my keys to the guy collecting all the carts in the parking lots. I just don't tell him which car it is.
Great case for small claims court.
When Mickey dropped off her car at the dealership she created a bailment. The dealership took possession (but not ownership) of the car during the repair. A baillee owes a duty of care to take, at minimum, reasonable precautions to safeguard the bailment (the car). Failing that, the bailee is liable for loss that occurs during the bailment.
The dealership's claim that their insurance won't cover it and therefor they are off the hook is falacious. They remain liable whether or not their insurance covers it. In fact, proof of liability insurance can't even be introduced.
The "policy" that the dealership is not liable for personal property can not reasonably be extended to the wheels and tires of the car. A judge will toss this claim quickly since the wheels and tires were necessary to perform the repair in order to relocate the car.
Double-check that your agreement with Audi and make sure that you aren't agreeing to waive claims against the dealership in accepting the $500 Audi offered you but this sounds like a fairly easy small claims court case.
Remember that your own insurance company may well cover the loss in which case you've got a pitbull in your corner ready to fight for their rights.
@kathyl: And then the owner could sue the crap out of the dealership. I don't care if your insurance covers it, my car is under your care, if it gets stripped, you're paying
@Hobz: Perhaps the new vehicles had locking lug nuts and hers didn't. My 2001 Neon (purchased new, still driving it) had them pre-installed by the dealer because someone stole a lot rims/tires from their stock.
Yike. Putting up a sign that says not responsible for lost or stolen property is like printing a license to steal.
--A La Seinfeld