Car stolen, trashed, no one wants to pay for it

[Magneto]

Jeff Wyler Toyota can't get away from this fast enough. They better come correct before they start looking any worse. Just another example in society of the "it's not me" syndrome. I feel really sorry for these people.

EXCLUSIVE: Owner of stolen car in chase talks to WAVE 3 - WAVE 3 News - Louisville, Kentucky

 

[85t5mcss]

Wow, just wow. I think they need to be calling the insurance and checking into whether its covered or not. Sounds like the buyer already checked their insurance carrier.

I don't know the laws on this, but thought that once they legally took possession at the dealer then it was on them until owner was notified of repairs done. If owner didn't pick it up, then it was on the buyer. Gonna be ugly and hope it works out for the buyer. Dealer probably didn't want to fix it anyways being a used vehicle. Fine print and crap.

 

[littletommy]

That place was slimy 15 years ago, which was the last time I was there. I did like some of the people who commented on the story said, and went to Toyota of Louisville, got a better truck, for less money, and no sleazy sale tricks. I hope this girl burns em bad.

 

[confused89]

If a vehicle is at a place to get serviced/fix or has been fixed/serviced and has not yet been picked up by the customer it is the business's responsiblility.

 

[Westside]

until payment has been received and the car delivered to the customer the repair/service facility is responsible for the car. They can place a lean on the car if you don't pay for repair and keep your car. So I think this would be similar situation so it is on them to fix it. not the purchaser or the dealer.

 

[Naptown]

I would think techres could weigh in on this. He just had a bunch of customer's stuff stolen out of his shop.

 

[Audie Murphy]

All the dealers I have been to have a signs stating they are not responsible for loss/stolen property while vehicle is at the dealer.

 

[Lancem]

OK this thing is a couple days old right? Call the bank and tell them what happened and that no more payments are going to be made until it's made right by somebody and you don't care who...

 

[BE Mike]

Hmmm, I wonder what insurance company and coverage the victim has? I think that my company would cover this. I have full coverage. I'm not so sure about Allstate, Farmers, Progressive, Safe Auto, etc.

 

[PistolBob]

In 1989 I took my brand new Cavalier to a now defunct (and rightly so) Chevy dealer for warranty repairs. This was on a Tuesday. On the following Sunday we drove by the lot (they are closed of course) and I see my new car parked in the lot behind the service area...with the windows down. So I go over and look at it, there is mud all over the front seats, the windows are down, the interior was still damp from rain we got on FRIDAY and there were 600+ new miles on it.

So I called the cops and reported it stolen. The dealer manager flipped out, claimed that it wasn't stolen and they had used it to go get a few parts from another dealer....he had no idea 600 miles had been put on it. They gave me a new car.

 

[eric001]

Surely these folks can find a lawyer willing to take this one--probably even pro bono... and sue the dealership for damages, lawyer's fees, and for loss of use. While they're at it, go for punitive damages on top of it... Probably end up settling out of court for a brand new vehicle and (hopefully) legal fees.

 

[jeremy]

Hmmm, I wonder what insurance company and coverage the victim has? I think that my company would cover this. I have full coverage. I'm not so sure about Allstate, Farmers, Progressive, Safe Auto, etc.

My Insurance would cover the expenses and then sue the **** out of the Dealership...

Probably making far more than the paid out to me...

 

[desmodue]

If the owners try to default on the bank that loaned them the money, they are just as big of thieves as the scum that stole the truck. The bank is in no way responsible for the owner's loss. If your house was robbed, would you be justified in stopping your mortgage payments? This is the owner's problem to solve not the bank's.

The dealership may not responsible, as long as the dealership used reasonable care while in possesion of the customer's vehicle. If the vehicle was stored behind a locked security fence it was afforded the same reasonable protection as the dealer's own inventory of vehicles. If you had friends stay overnight at your house and their car was stolen from your garage...would you be responsible for their loss? If however the dealership was negligent in the care of the vehicle, like they left the keys in the unlocked car sitting on the front lot, they are responsible.

Why do most people look to place the blame anywhere but where it belongs? First responsibility falls on the thief. Secondary responsibility falls on the owner, they should know what type of coverage they purchased from the insurance company. If they bought some kind of policy that excludes theft of their property while parked at a repair facility they got screwed by their insurance company. If the policy has no such exclusion, the insurance company is responsible for paying for the vehicle repairs or replacement.

 

[Socomike]

If I took my new car or truck to the dealership to be worked on because it didnt run, and it was stolen off of their property, I would also look to the dealerships insurance for payment. It didnt say whether the doors on the truck were left unlocked or not, but one can only assume that if they were, it would be the responsibility of the dealer to pay all damages.

 

[indymps6]

What a nightmare for those folks. If the bad press doesn't make the dealer do the right thing, those folks will likely have to sue the dealer in court under a bailment theory to recover their loss, but in the meantime, they will have to deal with the lender on the loan payments.

 

[desmodue]

If I took my new car or truck to the dealership to be worked on because it didnt run, and it was stolen off of their property, I would also look to the dealerships insurance for payment. It didnt say whether the doors on the truck were left unlocked or not, but one can only assume that if they were, it would be the responsibility of the dealer to pay all damages.

OK, I understand your position, but why is it that you believe the dealership is responsible for another person's actions? Again, I post the question, if I parked my truck on your property and it was stolen...would you be responsible for replacing my vehicle? If you park your truck at the mall and go shopping, and when you return it is gone...is the owner of the mall responsible?

There are 2 issues with the stolen Toyota, the mechanical problem that needed repair and the ultimate theft. The 2 are unrelated. The mechanical problem is entirely the dealer's responsibility. The theft happened because some low life took someones property. If the delaership took reasonible care of the vehicle they are not liable.

 

[jeremy]

OK, I understand your position, but why is it that you believe the dealership is responsible for another person's actions? Again, I post the question, if I parked my truck on your property and it was stolen...would you be responsible for replacing my vehicle? If you park your truck at the mall and go shopping, and when you return it is gone...is the owner of the mall responsible?

Depends did you leave me in the Possession of Your Vehicle?! If you did, then yes I am responsible for your vehicle and its security. As in when you leave it and keys at a Mechanic/Dealership. The Mall Parking Lot has nothing in common with what happened here.

 

[boileralum]

OK, I understand your position, but why is it that you believe the dealership is responsible for another person's actions? Again, I post the question, if I parked my truck on your property and it was stolen...would you be responsible for replacing my vehicle? If you park your truck at the mall and go shopping, and when you return it is gone...is the owner of the mall responsible?

There are 2 issues with the stolen Toyota, the mechanical problem that needed repair and the ultimate theft. The 2 are unrelated. The mechanical problem is entirely the dealer's responsibility. The theft happened because some low life took someones property. If the delaership took reasonible care of the vehicle they are not liable.

You should read the article closer - the stolen vehicle was a Ford truck. Which also makes me wonder why the idiots at WAVE-3 put a link to IN's lemon law at the end of the article, which only applies to new vehicles (which a Ford purchased at a Toyata dealership is not going to be).

 

[VaGriller]

Anytime you leave your vehicle at a shop and sign a repair auth, read what it says, everyone I have ever seen says they are not responsible for any fire/theft/damage caused to your vehicle nor responsible for anything stolen out of it.

They are going to have full coverage, since they said they have a loan on it. Their insurance company will cover any needed repairs due to the theft and may or may not try and subrogate the damage with the dealership insurance company.

Its no different than if you borrowed your friends truck and had an at fault accident. Your personal car insurance policy isn't going to cover it, the owners insurance policy will.

 

[85t5mcss]

Its no different than if you borrowed your friends truck and had an at fault accident. Your personal car insurance policy isn't going to cover it, the owners insurance policy will.

Not entirely true either. If I borrow your car and u have no insurance, my policy covers me in that vehicle. But will only pay out for the other damages-not to your vehicle.

What I am getting at is that there are so many variables here that we don't know, after all it was on the NEWS. I do want to hear the outcome.