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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.


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