CAN WE CLAIM FOR PROPERTYSTOLEN OUT OF MY CAR THAT WAS PARKED IN A STORE’S PARKING LOT?

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CAN WE CLAIM FOR PROPERTYSTOLEN OUT OF MY CAR THAT WAS PARKED IN A STORE’S PARKING LOT?

I WENT SHOPPING; I JUST WENT IN TO RETURN AN ITEM AND LEFT MY HAND BAG. I HAD SOME GOLD JEWELRY WORTH ABOUT $3000. I HAVE ONLY LIABILITY INSURANCE OF MY CAR.

Asked on June 9, 2011 under Business Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You probably have *no* recourse against the store, UNLESS and only to the extent that the store indicates that it is responsible for items left in cars parked there--which is *very* unlikely (it's more likely that if anything is posted in this regard, it's that they are not responsible). Otherwise, the store had no duty to protect your items, and also there is no fault--they did nothing wrong, since they (presumably) weren't trying to patrol/protect the parking lot. Without a duty and without fault, there is no liability.

Have you considered submitting a claim under your homeowner's insurnace (if  you have any); I think these policies will sometimes cover personal property stolen from a car. Good luck.


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