What can I do if I have a car in a body shop and while the car was in the shop, expensive custom wheels and tires were stolen from it?

The shop refuses to pay for them or even to file a claim with their insurance carrier. Are they legally liable for damage to the car while in their possession?

Asked on October 8, 2015 under Business Law, Oklahoma

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the body shop won't provide you with its insurance information so that you can file a claim for the theft of the custom wheels and tires, it would be advisable to sue the body shop for negligence.
Negligence is the failure to exercise due care that degree of care that a reasonable body shop would have exercised under the same or similar circumstances to prevent foreseeable harm.  Your damages monetary compensation you are seeking in your lawsuit would be the cost of replacement of the custom wheels and tires.


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