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

[Ray2210]

Find out if the dealer has had other similar break ins/theft. If they have then they would definitely know that leaving your tractor in the compound posed a signifcant risk of being stolen thereby being negligent.

 

[trlong]

Robinson,

Well, as I said, I may have misunderstood what was said in the Ins. Seminar (was tech'ing the event, not attending it). And my reaction was more "knee-jerk" than informed. Obvioulsy you have a lot of knowledge with this. And...Obviously there are a lot of us making "assumptions".

This is a sad case but should certainly act as an eye opener for all of us under the impression that ANYTHING that happens to our car, tractor,...whatever, when in for service, would be covered by the servicing entity's insurance.

I think we all better check our insurance policies to be sure that when our tractors are not on our property, for the purpose of service (not the cutting the field for the neighbor issues), that they are covered for theft, and damage.

I understand the economic's of it but, would "expect" a reputable dealer to purchase "Direct primary coverage". However, as you say, when push comes to shove the insurance companies may want to fight it out. They really hate to pay out if some one else will.

Thanks for all the clarifications,

Tom

 

[tjkadar]

It does shed a lot of light on the issue. For the most part, it does make sense too.

The question still remains: What should the dealer do to assuage the customer? No matter how you look at it, the theft sucks. It does appear the dealer did his part in protecting the tractor (if there has been a recent upsurge in tractor thefts from dealer’s lots, is the dealer responsible to taking extra precautions?). Still, the tractor is gone and it was in the dealer’s care.

Should the dealer now eat the tractor owner’s deductible and help him buy a new tractor at dealer’s cost? Maybe the owner and dealer could split the difference on the deductible? What can the dealer do to help his customer without also taking a huge loss?

Often times it is easier for a large dealership to absorb a loss then it is for an individual. While it does sound like the dealership is not financially responsible, I would hope they would work very hard to help the customer. It all comes down to what the dealership can afford to do in support of its customer.

I hope there will be a reasonable solution offered that balances the cost and loss of the machine to the customer to the loss of goodwill to the dealer.

 

[wolfe1]

This is a tough one. My personal feeling is the dealer should give you a brand new 2210. With only 70 hours- the one lost was basiclly brand new. Please keep the board informed of how the dealership takes care of you. If the dealer fails to make appropriate compensation I would be more than happy to help with a little mass comunication about the situation, the dealers response, or lack of. You have a very powerful tool in front of you. If the dealer fails to take care of you - make him regret it. On the other hand if he is fair them that needs just as much mass comunication. Keep us posted, and sorry about the loss-

 

[robison]

</font><font color="blueclass=small">( I have two scenarios for you. Who is responsible if the dealer has one of his own tractors from his inventory stolen from his lot? Does his insurance cover or is it John Deere's insurance? I think we know the answer to that one. Also, if you come over to my house and are helping me finish my basement and leave some tools overnight at my house and someone breaks in and steals them, is it your fault the tools were at my house? No, my homeowners policy would cover that. I would go back to my insurance co and the dealer and demand that they cover this. )</font>

With regard to your first question . . . the Dealer has purchased any new Deere tractors on his lot. So they are his property and if they are stolen his dealer inventory coverage pays for them.

The fact that he may owe J Deere Credit on them is immaterial except insofar as the insurance pays off Deere's loan instead of paying the dealer.

With regard to your second situation. If I am at your house (as one friend helping another, not as a family member or a paid worker in which case different rules apply) and my tools are stolen my insurance pays. My homeowners insurance covers my property wherever it may be.

Your insurance does not cover my property in that example.

Now, you might report the tools as part of your claim, since you probably lost stuff too. If you identified them as my property you agent would say they weren't covered. If, however, you said nothing and implied you owned them they would probably pay the claim.

 

[robison]

Tom, here are some thoughts on what the dealer could or should do . . .

If it happened here we would cover the customers deductible but normally I'd expect their insurance to pay unless there was a reason I was responsible.

You might ask why . . .

I have no problem taking responsibility for what I do. If my staff damages a car our coverage pays. If our staff is negligent our coverage pays.

But if a car is attacked by criminals on my property why should my coverage pay? I am in no way responsible.

My insurance rates are based upon my record of losses. Volunteering to pay for a loss that would otherwise be covered by a customer's policy might make me look good to that one person but the result would be higher rates for me for years to come.

I think situations like this are truly unfortunate but when a car is locked up in a storage area and you have taken all reasonable precautions . . . the dealer is no more responsible than a theatre or store owner for the actions of criminals in his yard.

 

[Rayder]

My .02 cents. I think the discussion of insurance is a bit premature. If the dealer is liable under Kentucky state law for the loss, then there are ways to make the dealer pay, whether through insurance or other means. The issue of who is liable for the loss is determined according to state law, so the answer in California, for example, could be 180 degrees different from the answer in Kentucky.

I notice that original post was some time ago, and I suspect that the problem has been resolved. But if the problem still exists, I would advise the poster to contact an attorney, and if he doesn't know an attorney, then call the state bar association to see if they have a referral program. This should be a fairly easy question for a Kentucky lawyer, familiar with the area of bailment, to answer.

Good luck.

 

[Cidertom]

I wonder about the keys issue. With a standard car, the chances that a "stranger" could come up to a car on the lot, stick their key into the car and drive off is low. With a tractor <font color="red"> every </font> key in that series is the same. Come in, use the tractor to take the gate off, load up and drive off. Thinking about it: It's a wonder that more are not just driven off.

So when a tractor comes in for service, do they punch in the VIN to get service bulletins ect? Does the system have the ability to flag hot equipment? I got back some stolen equipment from an electronics MFG that way, it was sent in for repair, they contacted me and I got the scope back.

 

[Bird]

</font><font color="blue" class="small">( I notice that original post was some time ago )</font>

I'm bettin' you looked at the date the original poster registered instead of the date his message was posted (only because I've made that mistake in the past myself /forums/images/graemlins/laugh.gif). The original post was yesterday evening.

 

[Rayder]

Bird,

Thanks for pointing that out ... that is exactly what I did.