What r my rights if truck was vandalized and parts stiolen on an autobody shop property?

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What r my rights if truck was vandalized and parts stiolen on an autobody shop property?

Truck got vandalized and parts stolen out and off of it. My truck was outside on property if auto body shop from Sept 6 until Nov 23. Owner said she would pay for everything but still is beating around the bush. I had to move to another shop and she is not communicating at all. I have to constantly call everyday all day and she is never there until she gets ready. My truck is just about done and she is still playing around with the people where my truck is. I already do not have money for a rental because I had to get from a previous claim and do not have money to keep filing because the insurance takes month and not good as well. I need my truck for work and my family. What can I do this is getting out of hand the owner where my truck stated that she would pay for it and get everything taken care of that was missing. She hasn’t done so only partial and is taking her time my Mother is stressed out have no way of getting my sister to school and I explained this to her. All her answers are OK, I’m going to and don’t worry I’m going to pay for everything but it’s the middle of January and no truck yet. The owner is getting upset and claims she doesn’t communicate with him either. He said all she had to do was pay for everything and they would get the things needed to finish truck.

Asked on January 17, 2017 under Insurance Law, Illinois

Answers:

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

Answered 4 years ago | Contributor

You can sue the auto body shop and its owner for negligence. You would file one lawsuit naming both the auto body shop and owner as defendants.
Negligence is the failure to exercise due care (that degree of care that a reasonable auto body shop would have exercised under the same or similar circumstances to prevent foreseeable harm).  The failure to keep your truck in a secure area constituted negligence.
Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairing the vandalism and replacing the stolen parts.
Depending on the amount of your damages, you may be able to file your lawsuit in small claims court.  Upon prevailing in the case, you can also recover court costs which would include the court filing fee and process server fee.
Prior to filing your lawsuit, it may be possible to settle the case with the auto body shop's insurance carrier.  If the case is settled, NO lawsuit is filed.  Yes, you can ask the owner for the auto body shop's insurance information.


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