Body Shop Negligence

[glad2]

My question involves a consumer law issue in the State of: CA

my 2002 suv (only 50k miles)was stolen from a major dealers body shop after being there for 3 weeks.(accident repair) the vehicle was left unlocked with the keys inside of it. the vehicle was inside their garage, the body shop was closed but the service center was still open (getting ready to close though). the thief walked into their garage in the afternoon and drove out. the vehicle was found abandoned 3 days later with my high end stereo equipment taken, back seat and seat belts ripped to shreads. floor and side panels taken up to gain access to the wiring. the vehicle has been recovered for 2 months and still no resolution. they filed a claim with their insurance company who is going to pay me for my valuables and pay them to repair my vehicle. the whole thing smells like an inside job but i cant prove it. in the beginning they agreed with me, but now that its time to put their money where their mouth is, they are denying it. the vehicle was supposed to be finished on a friday, late that day they calll to say their was a paint flaw and they had to keep it til monday. the next day it was stolen. the thief picked the perfect time, the shop was closed but the gate was still open since the service center was getting ready to close. since it was taken on a saturday, no police report could be filed until monday (giving them 2 days to strip it w/o the police looking for the vehicle) as i stated before the keys were left in it. legally do i have to take my vehicle back? the dealer does not want to give me a new vehicle or blue book value for my vehicle. after arguing my point for weeks, i was offered $2000 for my troubles or $9000 off a new SUV. they devalued my vehicle and wont take it as a trade in for either deal. im 110% this was an inside job, but like i said, i cant prove it. their insurance is also paying for my rental car. again, the vehicle was recovered 2 months ago and still nothing. the dealer is blaming it on their insurance co.

so after all that my questions are this.....

if this was you, what would you do?

do i have a good chance of suing for negligence or is their offer fair and im just blinded by anger?

[glad2]

update: after being told for 2 months that the insurance company will pay me for all of my valuables, i get a letter in the mail saying that stereo equipment is not covered under that policy and that i must provides receipts for any other valuables.

[Mr. Knowitall]

legally do i have to take my vehicle back?

It is your vehicle.

Your damages are the lesser of the cost of repair or replacement. If they fully repair the vehicle and return it to you, that with the $2,000 they're offering you "for your troubles" should pretty much cover your damages. (But see the comments on stereo equipment below.)

the dealer does not want to give me a new vehicle or blue book value for my vehicle. after arguing my point for weeks, i was offered $2000 for my troubles or $9000 off a new SUV. they devalued my vehicle and wont take it as a trade in for either deal.

If you don't like their offers of settlement, you can sue them instead of settling.

the dealer is blaming it on their insurance co.

Have you been in contact with the insurance adjuster handling the claim? What does the adjuster have to say?

update: after being told for 2 months that the insurance company will pay me for all of my valuables, i get a letter in the mail saying that stereo equipment is not covered under that policy and that i must provides receipts for any other valuables.

You're talking about their insurance company at this point? Be careful about any releases you sign with the insurance company that might release your claim against the dealership for the stereo equipment, and demand suitable additional reimbursement from the dealership for your stereo. (Or make a claim with your own insurance - if you have thousands of dollars of after market stereo equipment in your car, I have to assume you have a rider on your policy covering its theft, right? (Okay, so you probably don't - but given that high end equipment is a prime target for theft you should consider it.)

[glad2]

^ thanks for your reply. i dont have a rider. i know i probably should have but rarely is my vehicle not in my garage or secured parking at work. (and i dont leave it unlocked with the keys in it) my insurance adjuster had already told me that if this had been a "normal" theft, it would not have been covered. the body shop isnt open until tomorrow, but i plan on asking them to cover what their insurance company doesnt. the shop is the one who asked me for information on the equipment to submit to their insurance co before i even had to mention it.

their adjuster isnt good at returning calls. i just found out yesterday about this stereo issue and they wont be in until tomorrow to take my call. my main issue is that the shop supplied the insurance co. with the list of the valuables 2 months ago.(why not mention it in the beginning to resolve this)

thanks for the heads up about the release forms. the only form i didnt feel comfortable with was the one that asks for access to your financial records. my insurance co assured me though, that it was common to make sure that it wasnt fraud.

if i did decide to sue, do you think i have a good case or would it be better to settle in your opinion. if it was you, what would you do?

the main problem i have is that most companies would go above and beyond to please the customer. i have to claw and fight just to break even.