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This is REDICULOUS

tev21

Member
Joined
June 23, 2002
Messages
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City, State
Baltimore, MD
Year, Model & Trim Level
'96 XLT
Figures that I would finally find someone who could help me install my 3" lift kit after looking forever... I still have the lift kit sitting in my bedroom, however, I no longer have the Explorer, because while I was spending $955 getting it serviced today, IT WAS STOLEN FROM THE F*CKING SERVICE CENTER PARKING LOT!!!!!!!!! So now I have no more Explorer. And better yet, I have to have my insurance company pay for the car, which will only cover the stock base of the car (not any expensive mods)... BUT WAIT, EVEN BETTER YET, yeah, I have to pay the shop from which it was stolen, the $955 for the service they did on the car, right before it was stolen from thei parking lot, before they even gave me the keys back... I can't explain how f*cking mad I am in an internet post... you have no idea... I know you may not care, but anyway, just thought I'd let you know because you all can maybe sympothize more than the average explorer driver... i hate life right now
Taylor :mad: :mad: :mad:
 



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jeez... catch the *******s and string them up...
 






wow, that F*ckin sucks man... i hope they find the car and the *******s that stole it:

explorer stealing *******s---> :( :shoot:
 






Man, that's one of the harshest stories I've heard in a long time! That sucks!

Why the hell do you have to pay for the repairs though if it was still in their lot? I understand they may not be able to be held responsible for the loss, but to still charge you:eek:

Good luck!
 






Well if they are the ones that left the keys in the car (I'm just assuming here, since that seems to be common practice with service centers) shouldn't their insurance pay for it!!! I'd be making some phone calls... Plus your insurance should help you go after them...
 






heath has a very good point.... its probably their fault so make them pay!
 






Oh trust me, I'm gonna raise hell on those *******s
 






If they left the keys in it they will have to pay. It is common practice for an insurace company to not cover a car that was stolen with the keys in it.
If the keys weren't in it they'll cover it but it sux to lose all the money on mods. And to add insult to injury you *have* to pay over $900 for repairs.
I wouldn't pay for any repairs. But you have already proven to be a better man than me. I would have already gone totally postal
service station :shoot:
 






yeah seriously you must be able to say something or come to some sort of compromise or agreement. Whether or not the keys were in there it was THEIR parking lot so they must still be held accountable i would think. plus just tell them they must be out of their minds if they expect you to pay for the repairs when their incompetant ***** couldn't even keep your vehicle safe in their own lot. Hell, threaten to sue.
 






Taylor, I'm sorry to hear about that buddy. What was the shop that your truck was being worked on?

In my opinion, you do not have to pay the cost of the repairs, so long as you meet a couple of stipulations.

Had you seen the vehicle at all since you had dropped it off at the shop?

If not, it is up to the shop to prove that the services were in fact performed on the vehicle. If there is no vehicle, they have no evidence that services for the vehicle were rendered, and thus, cannot charge you for them. The burden of proof rests upon them, and the consumer, as in many cases, has the upper hand.

Also, where are the keys and where were they when the vehicle was stolen?

Yes, it is very hard to get a shop to admit to irresponsibility and the forms they have you sign essentially exonerate them from liability. However, this does not give them the ability to be grossly negligent, not to mention give them the freedom to perform grand larceny. Just because you pay someone to paint your house doesn't give him or her the right to burn it down. I’d take a good look over the forms the shop had you fill out. They may very well think that simply because you sign a piece of paper for them that they can do whatever they want. When it comes to your legal rights (and ability to sue for compensation), where there is a will there is a way. I’d also contact the police, as there may be criminal charges that could be brought. The fact that they still expected to be paid for the repairs makes me skeptical and there may be someone from the shop involved. You may want to call a lawyer to find out what your rights are in regards to the shop.

The whole thing sounds a little strange and I would be highly suspect of the situation and at the very least the repair shop was extremely negligent, to the point that they should be held accountable for it.

Sorry to hear about everything and let us know what you find out.

~Tim

P.S. Let me know what shop it is (via e-mail) and I'll see if I can find anything out for you. Please do not post the name or phone number on the site.

Also, contact Better Business as well.
 






Listen to NoBoundaries, he has some very valid points. You should not have to pay for the repairs, because there is no physical proof that they performed repairs as stated. As for insurance- I think it depends on if the keys were left in the car or not. Good luck- let us know
 






I believe you need to take delivery of the vehicle before having to pay for repairs. Since you couldn't take delivery, you have no proof repairs (or mods in this case) were ever done. Wow man that really sucks though. Hopefully it all works out.
 






Do NOT PAY them at all until everything is settled. Like TIm (when are you going to law school?) said get a lawyer to advise you.
If a customer doesnt pay a bill a mechanic uses a mechanics lien(its usually on your invoice) and sells the car for costs. No car- no lien- no leverage, sans small claims to effect a remedy... which may be harmful to them if the shop was involved(pure speculation on my part). A lawyer can advise you better though, go talk to one soon. I believe that a shop has a responsibility to take reasonable precautions to protect the vehicle, same point that Tim brought up with the location of the keys. Get everyone on your side; the insurance co, the police, a lawyer to advise you.

Sorry about the situation, and Good Luck
 






NoBoundries has a very valid point. You may want to do some investigating as well to see what the normal practices of the company are. Such as leaving keys in cars etc...

The company has a duty as what is considered a contract and to fufill that contract. They HAVE to by law supply their contractee's with what would be considered a safe harbor for their automobiles while in their posession.

You may want to do some research on statutory laws in accord with service persons based on prior cases. Do some case research as I am sure that there are many cases like this one, then you will know how the outcome usually is; also Judges will 90+% of the time side with other judges in instances of cases.

Check for lighting, security at night, take a lot of pictures.

Good Luck I have to run. Let me know if you need any help...
 






Tev21 -

If your truck was stolen why would you even want the key to the truck back? Follow the opinions from the others here: Don't pay for services that you did not receive. Also file a claim with their insurance company and yours and double check with your insurance company, if you have receipts of all the mods, some comapnies allow you to claim them.

Depending on the actual blue book value of your truck, you can file a small claim (limited to a certain amount depending on your jurisdiction) and it only cost you about $20-$30 for the filing fee. You're guarantee to win the small claim if you go that route. Even if your truck is worth more than the maximum allowable in small claims court, you could still file for those items that the insurance company did not pay for but was stolen from your truck in their parking lot.

Good Luck.
 






Oh and just because the shop puts up a sign that syas"Not responsible for lost or stolen items" does not mean that they are not liable if they left the keys in your truck in a place where it could be easily stolen.

I know nothing about the shop in question, yet I'm starting to wonder if the shop or shop emplyee's didnt have somethingto do with the theft. Maybe do some researdch as see how many other cars have been stolen from that shop.

I had a buddy who sent his boat and trailer down for a new gearbox. well the $2000 wheel on his boat trailer disappeared, sombody cut ahole in the chainlink fence to get them Yeah right! I said, how are you gonna jack up a boat triler in the middle of a boat yard with guard dogs at night and steal all 4 wheels and tires and get through that fence. Well after some looking into it, turns out this was not the first time, not by a long shot, and they ended up replacing the wheels and tires.
 






Man I feel for you. No that I think about it everytime I have taken a car to the shop, when I go in and pay and they give me my keys, when I get out to my ride it is always unlocked! I would not pay that shop, cancell the check or something! Good luck
 






That sucks. The above are all correct. You did not take possession of the vehicle therefore you dont owe them anything. They must prove the services were completed at the time of the loss. I would not pay a dime until the vehicle is recovered and only if it is repairable. I would go through your own carrier & have them subrogate for the damages through the shops carrier. I settle insurance claims for a living, PM me if you want some inside info.
 






Have you even checked to see if the shop still has your keys? If no keys, then they probably left them in the vehicle which would make them completely liable. If they have the keys then that would at least answer the question as to whether or not they left them in the vehicle. An employee at the local Mercury dealer here told me the reason they had to build a fence completely surrounding their lot was because of all the insurance they kept paying out for the cars that kept disappearing after service. They also had the standard "not responsible for vehicle or contents" sign. It didn't alleviate them from their responsibilities to provide a safe environment for your vehicle. About the only time a clause like that will stick is if you drop your vehicle off after hours in an open parking lot. I woud definately talk to an attorney.
 



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I didn't even take time to read all of the replys here but I agree with everything I read. My parents are in insurance and my dad owns a shop. My dad has a fence around his lot with barbed wire and he makes sure that thing is locked every night because while the cars are in his possesion he is responsible. Actually probably the insurance company is. And there is no way you'll have to pay for repairs. Call your insurance company, and a lawyer if necessary, but your insurance guy will probaby know what is going on. If the garage tried to charged you it would be my guess that they are trying to pull a fast one on you and might not even have insurance. Don't give them a dime and get in contact with your insurance company fast. Good luck.
 






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