Help, the dealer let someone steal my 2210!!!

[robison]

Rayder, I didn't think the insurance discussion was premature at all. We have a fellow who just had his tractor stolen and he had questions about whose insurance should pay.

Generally speaking, issues like I addressed are covered by the Uniform Commercial Code and they are very similar in all states.

The dealer's advice to call the owner's homeowners carrier is correct unless he is for some reason liable. And the insurance adjuster, listening to the particulars of the story, should have a good sense of that.

 

[BigAl]

Oh Man ! What a crock ! You are telling me that it is not the dealers fault or problem and is not responible when it is in his locked compound ??? You can't be serious !
Then you compare it to a parking lot at a movie house ??? Its my decision to park at a movie house and its under my control . Its the dealers decision to park it inside or outside in a locked compound and that was under the dealers control ,not mine. I can guarantee you that my bad mouthing the dealership would cost a heck of a lot more than any raise in insurance premiums he might have if he did not take care of it .Much more!
My car was broke into last night at my dealers lot where it was being repaired . Some kids I think, wanting to get free gas . They bent up the lockable gas cover and scratched the body with a screw driver . So whose fault is that ? The bottom line is my dealer called me , ordered a new gas panel cover and is having the scratched body panel repaired and repainted at "his" cost . I did not need to say a word ,he just said he was sorry and he would fix it . No finger pointing ,no nothing . That is a good dealer .

 

[Bird]

Al, it's nice that your dealer did that, but I don't think I've been in a car dealership in this area in many years that didn't have signs posted everywhere in the service area saying that they are not responsible for theft or damage to any vehicle you leave there.

 

[JerryG]

Bird,
Some even have that notice on their service order that you have to sign.

 

[BigAl]

Hi Bird ,
Yes ,I agree . My Dealer has those signs also . But he still covered my car damage . My dealer sounds like one of a kind , from what I am hearing here /forums/images/graemlins/smile.gif.
So I guess if a dealer needs to keep a vehicle overnite ,then it is buyer beware .... That is sad . I am a little bit of a nut case , but I would fight this one all the way to a jury trail . I for one , am sick and tired of all the little games the insurance companies pull to keep from covering a claim . Hurricane Katrina is a perfect example of that .
I really feel sorry for the orginal poster of this thread . The poor guy takes his tractor in to be worked on and ends up being told " Hey they stole your tractor off my lot last night !!! By the way Tough luck !!! "
If this guy lives close by , email me and i'll come over for free and do some tractor work for you . You are already having a really bad day .
So maybe from now on we have to pick up or have our tractors, vehicles or whatever towed home each night so in case it isn't finished at the dealer in one day, so it will be covered under our insurance ??? I don't think that is to feasible .
Wouldn't be nice that instead of all the finger pointing at someone else a dealer,repair shop, insurance co. , person or whatever would actually accept and take responibility for their own actions . We don't see that much anymore in Big Bussiness America . That's sad ... /forums/images/graemlins/frown.gif

 

[robison]

</font><font color="blueclass=small">( Oh Man ! What a crock ! You are telling me that it is not the dealers fault or problem and is not responible when it is in his locked compound ??? You can't be serious !

***** Al, when thieves break into my building and steal your tractor how is that "my fault"?? Am I responsible for the actions of crooks on my property?



Then you compare it to a parking lot at a movie house ??? Its my decision to park at a movie house and its under my control . Its the dealers decision to park it inside or outside in a locked compound and that was under the dealers control ,not mine.

***** It is your decision to bring it to the dealer for service just as it is your decision to bring your car to the movies.

In most dealerships there is limited room for many vehicles. Some will be inside but the rest have to be stored outside in most places. And most dealers have locked areas to do that.

It is not reasonable to expect inside storage for every vehicle at any dealership. Of course, in cities with high crime that's what they have to do but rural dealerships . . no way.




I can guarantee you that my bad mouthing the dealership would cost a heck of a lot more than any raise in insurance premiums he might have if he did not take care of it .Much more!

***** Maybe, but you and I have differing views of how far my responsibility goes. If I adopt reasonable security practices for my area but I am attacked anyway . . . I don't see my responsibility for your property. I have insurance for the damage to my building, you should have insurance for the loss of your tractor.

My tractor is insured, and I would call my homeowners company (Chubb) if the original incident happened to me. I would not look to the dealer to buy me one.




My car was broke into last night at my dealers lot where it was being repaired . Some kids I think, wanting to get free gas . They bent up the lockable gas cover and scratched the body with a screw driver . So whose fault is that ? The bottom line is my dealer called me , ordered a new gas panel cover and is having the scratched body panel repaired and repainted at "his" cost . I did not need to say a word ,he just said he was sorry and he would fix it . No finger pointing ,no nothing . That is a good dealer . )</font>

***** If your car was here for service and you were a regular customer I'd probably do the same thing. But I'd cover that from my goodwill budget not insurance. I would not buy you a tractor unless I were clearly liable. Nor would any other dealer I know.

 

[Rayder]

Robison, I'm sure your heart is in the right place and you are just trying to help this guy out (as am I). However, I do have to disagree with you. If this guy came to me (I am an attorney in Oregon), I would not have him making a claim against his insurance policy. I also would not tell people to rely on advice of an adjuster with respect to the insured's legal rights.

You are correct that there is such a thing as the Uniform Commercial Code, and that states do base their own UCC off of the model code; however, states typically modify the model code, so you should never assume that one state is like another. HOWEVER, the facts of this case are not going to be governed by the UCC.

I'm certainly not one to tell people to talk to their lawyer every time they think they have been harmed, but this man is out thousands of dollars. Get help from a professional knowledgable in the law of your state ... if you talk to somebody knowledgable, it should be a 1/2 hour conversation.

 

[tawilson]

I'd be concerned about my homeowners getting cancelled because of it, also. It's too late now for the original poster, but I have a separate policy on my tractor and equipment and it isn't that much. If I had too turn a claim into that insurance company, I wouldn't be as concerned about cancellation as I would with my homeowners.

 

[Rayder]

Outside of who the law says is liable for this loss, the way I look at this is that we have two innocent parties (the dealer and the tractor owner). The tractor owner could have done NOTHING to prevent this loss. The dealer could have prevented the loss by having better security. The thief unscrewed a cattle gate ... that's not much of a security measure to protect property that has been entrusted with you.

Also, people need to remember that insurance companies do not like insureds who make claims. Get in a few car accients that aren't even your fault and see what happens to your rates (assuming they don't drop you all together).

I just recently had a client who was insured by one of the big insurance companies. He was sitting in his front room when a runaway car blew through the wall and hit him and put him in a wheel chair, so he made a claim. A month later, his car was parked on the street outside of his house and another car side swiped his parked car, so he made a claim. Guess what? His insurance company dropped him. True story.

 

[Bird]

Al, maybe it's a matter of different expectations. /forums/images/graemlins/laugh.gif About a month ago, I left one of my vehicles overnight at the Ford dealer for a minor repair job. I knew that it would be left outside, but in an area surrounded by a chain link fence with a locked gate, and I knew they would have it locked up and keep the keys inside the building. Had it been stolen, it would not even have occurred to me to expect the dealer to be responsible for it. That's what I pay insurance premiums for.