My husband recently took his car to a auto shop. The second night it was there it got broken into passenger side window was smashed and his radio got ripped out. The next morning the mechanic seen the window and covered it with plastic and tape just in case it rained. But on thing he forgot or failed to do was call me or my husband about the situation. So Saturday night my husbands car got broken in to yet again this time his subs, and amp got stolen out of the trunk. we did not hear about any of this until Monday afternoon. So i called our insurance but its not fully covered and well they said that the garage should have "Garage Keepers Insurance", which they do. So we went and filed a police report and tried to figure out about the insurance... but i have a feeling were going to have to take them to small clams court.

So my question is, does anyone have any advice on how to handle this in anyway. Or has anyone dealt with this situation before?

The manger is acting like it is not there fault but they do not have one sign posted saying that they are not responsible for anything broken or stolen. So obviously they are responsible.



HERE ARE SOME PHOTOS OF THE DAMAGE.

http://i120.photobucket.com/albums/o199/xchristymx/IMAG3020.jpg?t=1201112549


http://i120.photobucket.com/albums/o199/xchristymx/IMAG3015.jpg?t=1201112136

http://i120.photobucket.com/albums/o199/xchristymx/IMAG3016.jpg?t=1201112189

http://i120.photobucket.com/albums/o199/xchristymx/IMAG3018.jpg?t=1201112278

http://i120.photobucket.com/albums/o199/xchristymx/IMAG3019.jpg?t=1201112432

http://i120.photobucket.com/albums/o199/xchristymx/IMAG3020.jpg?t=1201112549

http://i120.photobucket.com/albums/o199/xchristymx/IMAG3013.jpg?t=1201112636

:mad:

Even if they had a sign posted I would say they are responsible for at least some of it since they did not notify you after the first time.

Normally, when you leave a vehicle to have work done, you sign the workorder, authorizing them to work on your car, and there is a liability disclaimer already built into that order.
Did you sign any repair order authorizing them to drove or diagnose your vehicle?
Did you receive a copy of that repair order?
Do you have any photo's of the cars interior from before that day?
**edit** I'd also be curious where the vehicle was actually parked.

Let me get this straight. There is a sign disclaiming responsibility so you think that makes them responsible? How do you figure that? You can't disclaim negligence. So if the garage was negligent in protecting your vehicle, you would have a claim against them. But unless they were that sign meant you were leaving the vehicle with them at your own risk.

So, the first break in they probably are not responsible for. However, since they did not secure the car nor notify you after the first break in, then the second break in was as a result of their negligence and they are responsible.

Get comprehensive insurance on your vehicle. This would have solved your problem. It is rather inexpensive even if the car is older.