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#1
08-24-2019, 12:40 PM
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Stolen bike and insurance mess...opinions?
So, I had my car at the shop. It broke on vacation and we couldn't get the bikes in the rental that brought us home, so they went in the tailgate of the broken car to the shop. Thankfully, right after it arrived I went and got the wife's custom Hollands. It's her only real roadie and she needed it. But I have a few spares, so I left mine...plus our other car is a Miata and it would have required another 70mi (round)trip.
Well, the shop was broken into while my car was there. They lost some of their own things, plus my car was forcibly entered and bike/garmin/radar detector/recovery gear taken from it. The shop already had a police report & insurance claim in the works (they didn't realize my car was affected at the time), so my loss was added to that. I provided an appraisal of the bike and a body shop estimate for the damage to the car and waited... The shop has been less than transparent (evasive actually) about their insurance contact/claim info, and a week ago I received a letter from their company stating that their policy was cancelled a month before the incident! Was this a surprise to them? Were their losses covered? I dunno. The did push the paperwork far enough that their company sent me a letter, so it seems like they thought they were covered. They did tell me (in writing) that they would pay me directly "per [my] provided estimates". OK...but then they apparently looked at the numbers and sent me a lengthy email about wanting to negotiate the depreciated value of the bike, as well as getting a 2nd opinion on the bodywork from their guys. My own insurance will cover both losses (replacement value on the bike @ ~$3k, almost as much in bodywork for the car), less my deductible (~$1k), but my 'no claim' discount will go away (~$400/yr x 3yrs = ~$1.2k). It is unclear if my insurance will then seek reimbursement from the shop, but given the numbers my agent says likely. This whole car incident was already a cluster-[mess] before the break-in and I'm so ready to be done with it all. I'm thinking I want to lay out the numbers for the shop and tell them no negotiations, just give me an offer that will convince me not to wash my hands of it. Otherwise I file with my own coverage and they can negotiate with my insurer. It just makes me ill to give up $2.5k because of the shop negligence (lack of insurance). Perhaps ask them to cover the deductible? That would be way cheaper for them than covering the loss itself (or whatever portion we agree on). Maybe small claims court? Thoughts? Last edited by dookie; 08-25-2019 at 01:51 PM. 
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#2
08-24-2019, 01:29 PM
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You can contact a lawyer who for a nominal fee will generate a letter threatening small claims court or other legal avenues if they don't pay up X dollars.
You can ask your own insurance company (I mean your local agent vs. the impersonal company) for tips on how to deal with it. You can advise the shop yourself that you'll "reluctantly" have to take them to small claims court to recover your damages. Then follow through. I feel for ya'; your situation IS difficult.
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http://hubbardpark.blogspot.com/
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#3
08-24-2019, 01:44 PM
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https://jalopnik.com/what-to-do-if-s...1726335245/amp Basically it depends on the state law where the shop is. If they didn’t have insurance it still doesn’t absolve them of having to pay the damages, be it higher or lower than the appraised amount as dictated by law. It just personally hurts the shop directly in the pocketbook because they failed to keep their insurance current. Try to do your own research on the “conversion” statute of your state and see if it’s worth getting a lawyer. If the damages are double or more then it could be well worth the effort.
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#4
08-24-2019, 02:00 PM
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Don't give up.
Don't claim on your insurance and hurt your policy/protection. Your insurance company can't go after their insurance company to recover because the shop no longer has a policy and as such the their insurance company is simply not liable. The shop is liable whether or not they knew their insurance was cancelled. This is also a reason to not use them in the future as you now know they do not even bother to keep insurance current. Get 2-3 estimates for everything and know the shop will probably pay the lowest which is what any court will force them to do if you take it that far. DO NOT allow the shop's "friend" to fix your car because they will take short cuts that you may not know about until much later. A true third party should fix the damage. Give them a deadline of 60 days after you hand over the estimates and if they miss that date get a lawyer and/or go to small claims court but DO NOT negotiate further. They want to pay the minimum and you want them to pay the maximum so really try and find a good solution for both of you as lawyers will take a chunk out of anything you recover so you may end up with less. Good luck! Last edited by NYCfixie; 08-24-2019 at 02:02 PM.
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#5
08-25-2019, 01:43 PM
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Already spoke to my agent a couple times, as well as a friend who is in claims for LoL. Both were very helpful. My agent indicated that my insurer can and would go after the shop itself (subrogate) if they cannot go after their (non-existent) insurer. And it should go without saying that there is no way in hell I'd ever use them again, or use their body guys for my repairs.
I will be calling a couple lawyer friends tomorrow to look into conversion (thanks for the vocab yinz), small claims, and nastygrams. Interestingly...I read about "hold harmless" clauses, immediately examined the repair order I signed, and found what is essentially the opposite! "You [me, the owner] will not be held responsible for loss or damage to vehicle or articles left in vehicle in case of fire, accident, or any other cause beyond your control." Now it doesn't say who IS responsible, but it clearly says not me. Any other experience/advice still very welcome! Thanks y'all. Last edited by dookie; 08-26-2019 at 08:24 PM.
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#6
08-25-2019, 01:51 PM
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a lawyer Mention this to the shop and then don't converse with them, have your lawyer talk to them..also mention that your legal fees will be added to the bill..
__________________
Chisholm's Custom Wheels Qui Si Parla Campagnolo Last edited by oldpotatoe; 08-25-2019 at 01:54 PM.
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#7
08-25-2019, 01:54 PM
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Yes, yes...
That's essentially the plan, but I want to be very confident of my legal position first. I'm hoping that I can present enough "you're screwed" evidence that they will pay without me actually having to secure an attorney. I know I have a couple avenues to free advice, but probably not representation. Last edited by dookie; 08-25-2019 at 01:58 PM.
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#8
08-25-2019, 02:18 PM
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My custom Ti bike was a the shop getting worked on. The shop was broken into overnight and they lost a ton of bikes. The mechanic had stashed my bike out of the way and the thieves missed it. I cruised in to get my bike when the work was done and the owner and I were chatting about how it sucked the shop was broken into to. He mentioned how thankful he was my bike wasn’t stolen because his insurance only covers up to $2500 on client bikes in the shop for repair.
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#9
08-26-2019, 05:32 AM
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Let the insurance company sort it out. Move on.
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#12
08-26-2019, 08:22 PM
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Used against? I haven't said anything particularly revealing...if they care enough to dig and discover (yeah, right), good for them. In the world I live in you don't just walk away from $2500, so file/move on is down the list a bit.
Just looking for advice...sorry to bother, I'm done now.
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#13
08-26-2019, 08:34 PM
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