Legal Question in Business Law in California

Stolen car at mechanic shop

My car was stolen of the lot of an automotive repair business. Is the owner of the shop liable for my stolen car.


Asked on 8/04/08, 12:49 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Stolen car at mechanic shop

Probably. Contact your insurance company and theirs, and the police, to report the theft.

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Answered on 8/04/08, 1:00 pm
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Stolen car at mechanic shop

Not necessarily. Generally, one is not responsible for the unforseeable criminal acts of others.

Nevertheless, the auto repair shop could be liable under another theory - bailment. You left your car with the auto repair shop and you expected it to be returned. The auto repair shop is required to exercise reasonable care, considering it is being paid to repair your property.

If you have theft insurance for your car, you should file a claim, and let your carrier (the insurance company) deal with the issue of whether the auto repair shop is responsible. That's why you have insurance.

If you don't have insurance, then you will need to sue the auto repair shop.

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Answered on 8/04/08, 1:22 pm


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