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View Full Version : A Legal Question for Jody



Ranman
05-24-2005, 06:02 PM
I'm hoping you can give an opinion here.

Let's say my wife approaches me about having her car detailed after the long winter. I call an acquaintence of mine who owns a detail center. The acquaintance offers to do her car for $100.

On May 5th, knowing she'll be dropping the car off the next morning, Jenn decides to clean out the interior of any garbage and loose items. She purposely leaves her umbrella, kleenex and CD's in the car not worrying since we know the guy who owns the shop. On May 6th Jenn takes her Explorer to the shop where the acquaintence says his brother will be doing an inside/outside detail of the vehicle. She drops the Explorer off in the morning and returns that afternoon to pick it up. Upon return to the shop, they show her the car, which looks fine, she pays the bill and drives away. Shortly after leaving she notices that her umbrella and kleenex are gone and plans to call back to get them. Not worrying too much about the umbrella and kleenex, she neglects to call the shop back at all.

Fast forward to May 18th. We're getting ready to leave for Cumberland and Jenn goes to get her CD collection from the Explorer (approx 80 CD's). They are nowhere to be found. We now believe that the CD's umbrella and kleenex were all removed for cleaning and were never put back.

I call the detail shop and they say "we'll look around for them and let you know". I call back again and they say "we don't have them so they must not have been in the car when it came in or we would have put them back".

We are sure they were there when the car was dropped off. We are 100% the kleenex and umbrella were missing at the time she picked up the car, but we never said anything. We are also 99% sure the CD's suffered the same fate, but did not recognize/confirm the loss until 10 days later.

Based on this story, do we have any legal recourse or are we up a creek?

ChromeGorilla
05-24-2005, 06:19 PM
CD's?!?!?!?!?!?! you dinosaurs........ :biggrin.: Just kidding. I don't know what I'd do. I'd be a little pissed. Your pretty sure they were there at drop off and not at pick up. Is it worth it to sue for the lost CD's? Probably not, but it may be to you. Even if you sue, what proof do you have besides each persons word..... sounds like a crappy situation to me. I hope they turn up around his shop and get returned..... Good Luck bro.

Cuda
05-24-2005, 07:02 PM
I hate to say it, but I think you're sol. You'd have to prove they were in there when you brought it in, and gone when you picked it up. Hell, I had everything inside my boat stolen at a shop, and the police wouldn't even come and do a report. :angryfire

onesubdrvr
05-24-2005, 07:06 PM
I hate to say it, but I think you're sol. You'd have to prove they were in there when you brought it in, and gone when you picked it up. Hell, I had everything inside my boat stolen at a shop, and the police wouldn't even come and do a report. :angryfire
And now it seems that your boat is being stolen at the shop!?

Sorry Joe, I feel bad that you still don't have it back :frown:

Wayne

knots2u
05-24-2005, 07:06 PM
You're going to sue the car detailer? You would have better luck pissin' up a rope. :) Call your insurance agent, it sounds like a comprehensive claim, "mysterious disappearance". Should be a zero deductable claim.

just my .02

Bob

Gulfbum
05-24-2005, 07:40 PM
Just from my experience most of the detail shops have a sign/policy that any personal items left in the vehicle is the owners responsibility and they are not held liable for anything lost or missing while there.

Frank

Ranman
05-24-2005, 08:39 PM
Your going to sue the car detailer? You would have better luck pissin' up a rope. :) Call your insurance agent, it sounds like a comprehensive claim, "mysterious disappearance". Should be a zero deductable claim.

just my .02

Bob

I figured as much. I may have to read up on our auto policy. Couldnt hurt to ask the question though...

TuxedoPk
05-24-2005, 08:55 PM
Randy, you might also double check your home owner's policy for the off-premises coverage and deductible.

If you're certain as to who is responsible for the loss but 'proof challenged' there may be a simple solution if the company is incorporated. In many states a corporation must be represented by an attorney in court. This makes their investing in even the simplest defense a more expensive situation than reimbursing you for your loss.