If my truck was at the shop to be fixed but was stolen, who is responsible for my truck – me or the shop?

UPDATED: Apr 6, 2015

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If my truck was at the shop to be fixed but was stolen, who is responsible for my truck – me or the shop?

It was stolen out of the parking lot there. The mechanic told me to say it was stolen from my house. I said, “No, I’m calling them from the shop”. I made out a police report and the mechanic and myself talked to the cops. I didn’t have insurance on my truck because it was not running right and I have not been driving it.

Asked on April 6, 2015 under Business Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Even if it were stolen from the shop, the shop would only be responsible for the theft if one of the following things occured:

1) It was an inside job--some shop employee stole or helped steal it; or

2) The shop failed to take basic precaustions, like locking the truck and not keeping the keys in it, to prevent theft.

The shop is not your insurer; they are only liable if they did something wrong (were at fault). If no one associated with the shop was involved in the theft, and the shop did the reasoanble things the owner of a truck would do to keep it from being stolen, then they would not be liable.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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