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

[1savoy]

Hodoms,

Good luck with getting this taken care of. I think the dealership insurance needs to take care of this. Insurance companies are always looking for any way to get off the hook. I think what Robison is stating is probably 100% accurate, but I think he is looking at it from the insurance/ dealership side of things, which is what it sounds like he knows. I am from NY and travel to New England quite a bit for work and I hope things are different in Kentucky. Doing business in Mass is probably one of the hardest places I go. Also, about the disclosure signs. The ski resorts all have lots of Ski At Your Own Risk signs in the lodges, on the lift poles, back of the lift tickets, etc and when someone gets hurt, do you think the insurance companies get off the hook. Quite a few ski slopes are no longer in business in this area due to the insurance costs getting out of control over these issues.

Good luck,
Russ

 

[keeney]

Were any other tractors stolen that same night?

Any other history of losses at the dealership?

Its a bit suspicious from a statistical point of view if its a typical dealer lot with several dozen tractors that the one that gets stolen is one the dealer doesn't own.

I'd worry about it being an "inside" job or by somebody who knows the business practices of that dealer.

Preserve as much of the "evidence" as you can. Save copies of any documents related to this event. Write down a summary of all conversations you have had with anybody regarding this matter. Get a copy of the police report.

In this situation, one has to weigh the cost of all the options. Making an insurance claim may be expensive due to deductables and long term rate increases. Hiring a lawyer to go after the dealership may be even more expensive and may have some varying probability of success depending on the actual liability created under the laws and specific facts.

We live in the land of lawsuits, so you can always TRY and recover from the dealer in court if you choose that path. You should talk to a lawyer and get an initial consultation (typically no charge) and you will know a lot more if they are blowing smoke or if they really are liable or not and what it will cost to go after them or if you have a chance to recover from them or not.

Also, ask your own insurance company some theoretical questions about what their coverage would be, the deductable, and the impact to your future rates. Don't make a claim right away until you know what would be covered or not and your legal situation in regards to recovering from the dealer. Even denied claims can have an adverse effect on your insurance rating and future rates.

A very candid insurance company employee once told me "hey, a claim is a claim" when I asked him what would happen to my rates for making a claim on my homeowners insurance even if the insurance company didn't end up paying anything because the other sides' claim was bogus to start with.

I predict that the dealer's defense is going to be "read the paper you signed when you dropped it off", and "we took just as good of care of your tractor as all of ours, what more can a reasonable person expect?".

Things to poke holes in their defense:

Was there a security guard or an alarm? What good is a fence that is defeated in X amount of time without a security response within that amount of time?
Any formal security practices or training?
What industry standards are there on securing customer machines while being repaired?
Express concern about it being an inside job and during "discovery" dig for as much circumstantial evidence of this as possible - history of stolen machines, backgrounds of employees and their associates. Who knew what about what machines were in the yard, etc.
Were you actually informed of their claim of not having liability in advance and did you make an informed consent agreement to that situation? You can argue that you never agreed to the fine print because you never read it because they represented it all had to do with promising to pay for the repairs, not siging away their liability to give your tractor back.

My one last piece of advice: Your "rights" in this matter are only going to be fully protected if YOU take the initiative and do the protecting yourself. Nobody is going to just walk up and hand you your money back. Even if one or the other insurance company agrees to pay, be sure and negotiate fiercly for how much they will pay. As you already suspect, they are likely to low-ball you, so don't agree to anything quickly. Don't sign anything until you are fully satisfied.

Whatever you do, don't just walk away from it without realizing how much money is involved and that it is worth fighting for.

- Rick

 

[tawilson]

I'd ask for your keys, too, which any responsible dealer would have removed from the machine and taken inside.

 

[ronjhall]

<font color="blue"> I'd ask for your keys, </font>
When my <font color="green"> JD </font> dealer has picked up my mower for repairs. They ask me to leave it outside. Without the keys in it. They use their keys to start it. /forums/images/graemlins/blush.gif

 

[kubotaman68]

I love the veiled threat of blackmail in the morning.

 

[kljunior]

</font><font color="blue" class="small">(
I personally believe you can prove that the Dealer is "Legally Liable" for your loss.

Your Tractor was left at his Dealership for repair, by which you & he agreed into for a said price and time. You gave him possension of the Tractor and the key to operate it. In exchange for said funds at completion.

At that point you have created a "Bailee Agreement" with your dealer. It is then in his "CARE, CUSTODY, & CONTROL"...
Till paid for and you pick it back up (PERIOD).

There have been alot of previous posts written here about Insurance Policies. That aren't correct but I feel to discuss now would only delay your progress and confuse you even more. Your the victim here, the ball so to speak is in your corner, what are you going to do next is more important I believe.



)</font>

Very well stated! No way in **** the dealer isn't responsible. If the dealers insurance isn't set up to cover it, that should be the dealers problem. If you are going to operate a business where it is common practice to keep customers property overnight and longer than you should be required to carry insurance to cover it. And if you don't spend the money for insurance, then you better make sure the customers property is stored inside, or pay the damages out of the pocket. You gave them your machine for repair and had no control over what they did to secure it. They on the other hand knew that the machine takes a generic key and chose to leave it outside without anything more than a cattle gate? Thats absurd. Do they have a video camera on the lot?...Why not? Insurance companies will always find a way not to pay, now you have to go pay a lawyer??? What a crock! /forums/images/graemlins/mad.gif

 

[dgl24087]

Just curious if the dealer has any signs outlining their policy regarding customer property left for service. Many in my area
accept no liability unless the tractor or equipment is locked inside overnight.

 

[hodoms]

I have spoken to the dealer today and he said, " that his insurance company is going to contact my insurance company to try and come to some agreement on the matter." The dealers has a brand new 2210 and a used 2210 on the lot and he said, "it would be cheaper on him to give me one of them than for the insurance company to pay me market value for my tractor but the insurance would rather pay me." He said he thinks the insurance company is going to try and split the cost 50% 50% with my insurance company to try and cut both of their cost in half and get two deductibles. I'm going to call my insurance company tomorrow and tell them not to go along with it.

 

[hodoms]

I just realize something. The dealer probably cant give me a new tractor even if he and the insurance company wanted too. That old tractor has a lien on it from John Deere financing. If he gave me a new tractor it would not have a lien on it and John Deere financing would never agree to that. Furthermore, even if John Deere financing agreed to it, the old contract would be voided and a new financing agreement would have to be arraigned and the 3.9% new purchase financing would become 12% used equipment financing. I want no parts in the above scenario. If my thinking is right I will be forced to buy a new tractor. Please, if someone sees a way around the above scenario let me know. I think no matter what happens i will be out a lot of money unless every things falls into place and I get lucky somehow.

 

[tawilson]

I'm surprised JD Financing didn't require you to take out an insurance policy on the tractor. Is there any chance there is one included with the loan?