Stolen ATV, What now?

[elkantlers]

Long story short is earlier this summer I sold an ATV to my son who lives in Arizona. Both our names are on the Utah title. He took it to a shop for some maintenance and that night the shop was broken into, and my son's ATV was stolen along with another machine and two jet skis. Some video from a nearby business had the thief's truck on it. My son's ATV was found a couple days later by the shop owner who was driving around the area and happened to see the thief's vehicle. The police were called, and they got the ATV back but that's about it. In the couple days it was missing the thief/crackheads tore the ATV apart. Lots of parts and accessories are missing and the ATV is now inoperable and probably unfixable. I believe the shop owner is responsible for making it right since the ATV was in his possession. I think the shop owner should submit an insurance claim and then the insurance can go after the thief. The kicker is that the shop owner will not communicate with my son anymore. He's tried to call and text, and he gets nothing.
I know that ultimately it is the thief who need to pay up and be held accountable, but that isn't likely to happen.

My questions are:
Am I right in thinking it's the shop owner's responsibility?
What to do now that he won't communicate?
Is there a way to find out if he has insurance and then submit a claim ourselves?

Not really sure what to do as I've never been in a situation like this.

 

[Flatbrimmer]

I know there’s something you can do. I’m no legal expert but you should definitely hold the shop owner responsible and it’s his responsibility to go after the thieves. There’s surely a way to summon him to small claims court for loss and damages to your property left in his possession for the purpose of REPAIRING or MAINTENANCE.

 

[Flatbrimmer]

If he got your machine back and the “cops” didn’t tell the shop owner what he needs to do to get repaid for all this BS, id say the shop owner and thieves are in cahoots……

 

[TheJason]

Go through your insurance. If the shop is liable then your insurance will go after the shop. That’s why you pay premiums.

 

[Redmt]

I would send a notarized letter of demand for what you expect, time frame, costs etc. Send it registered mail, signature required. If he doesn't respond to your letter, take him to small claims or the nearest back alley.

 

[David58]

I think I'd spend the money to talk to a lawyer about it. And, a letter from an attorney is going to get the recipient's attention much faster than a notarized letter from you. And, the lawyer will tell you if you have a case and a chance of being paid or not.

David
NM

 

[Redmt]

A lawyer should be cheaper than a new ATV. Maybe not.

 

[belshawelk]

Go through your insurance. If the shop is liable then your insurance will go after the shop. That’s why you pay premiums.

yes this. its your insurnace job to fight to their money back

 

[TheGrayRider]

Get copy of police report. File insurance claim with your insurance company immediately. Probably smart to pay for a one hour legal consultation with a local attorney who deals with insurance claims, civil cases, and theft issues. He/she/it can help steer you in the right direction. Good luck, TheGrayRider.

 

[44hunter45]

Go through your insurance. If the shop is liable then your insurance will go after the shop. That’s why you pay premiums.

This.

I've done this. The insurance companies have lawyers on leash ready to go.

 

[RealMuddyboots]

Your insurance company will subrogate the claim to him and his insurance company. If he doesn't have insurance, they will file against him.

 

[PrairieHunter]

Maybe the better business bureau. I have had some luck there in the past.

Insurance only works if you have coverage for your 4 wheeler, many I suspect do not.

 

[RealMuddyboots]

Small claims will be best bet if no insurance to take the point for you.

 

[elkantlers]

Maybe the better business bureau. I have had some luck there in the past.

Insurance only works if you have coverage for your 4 wheeler, many I suspect do not.

Go through your insurance. If the shop is liable then your insurance will go after the shop. That’s why you pay premiums.

The ATV did not have it's own insurance. My Son contacted his Homeowners insurance and they won't cover it because it wasn't stolen from his property.

The ATV is worth about $5000.

The sheriff's office has been absolutely worthless.

 

[RealMuddyboots]

You have documentation it was in the shop for repair.
You have documentation of a police report confirming it was stolen.
You have documentation it was recovered by police in disrepair.

I would send all of this documentation to the shop with time limit of response certified registered letter. The letter would demand either full restoration or full financial restitution by a reasonable time frame such as 10 business days. Include "legal" action will ensue if failure to comply. Small claims court with this documentation should be in your favor.

Note, I am not an attorney nor have I stayed at a Holiday Inn Express...

 

[okie archer]

The ATV did not have it's own insurance. My Son contacted his Homeowners insurance and they won't cover it because it wasn't stolen from his property.

The ATV is worth about $5000.

The sheriff's office has been absolutely worthless.

Just my humble opinion but if you did not have insurance on the ATV I do t know how you feel justified going after the shop owner if he didn't have insurance either.
I don't know, seems like a raw deal for the shop owner to have to pay out of pocket to every victim for something that was no fault of his own. Seems like that would put the poor man out of business. I'm just trying to think how it would feel to be a business owner trying to scratch out a living and to no fault of your own you become a victim of theft and still have to pay for something some scumbag thief did.
Hopefully he has insurance and every victim is compensated.
Best wishes.

 

[RoughCountry]

Seems like the shops insurance would pay for it. Isn’t that what insurance is for? I had a guy make a sharp turn pulling a trailer in a restaurant parking lot and take off, smashed the front end of my truck bad. He took off and I took off after him. Caught up to him and got him to pull over. The police showed up and said they couldn’t give him a ticket because it happened on private property. I got his name, license and insurance info and a police report. the insurance co paid the $5,700 repair bill in full.

 

[Chingon]

My wife's truck was hit and the guys insurance paid for repairs. I sent a letter demanding $1800 in diminished value with documented appraisals. They ignored me and delayed.

I then went to the local courthouse and filed a small claims suit, now asking for our time, mileage and expenses plus court costs. Insurance called within 24 hours and offered $4k to end it without them going to court.

Small claims is the answer.

 

[Skiller]

My wife's truck was hit and the guys insurance paid for repairs. I sent a letter demanding $1800 in diminished value with documented appraisals. They ignored me and delayed.

I then went to the local courthouse and filed a small claims suit, now asking for our time, mileage and expenses plus court costs. Insurance called within 24 hours and offered $4k to end it without them going to court.

Small claims is the answer.

I spent many years as an Independent Insurance Agent. I handled many claims where customers had property stolen from various locations. If the ATV was worth $5,000 and the loss hurts, you should have insured it on its own or as a scheduled item on your homeowners policy, or son's policy. It is NOT automatically covered beyond a minimal amount on a homeowner's policy without being mentioned.
The business owner/repair shop MAY have had coverage for property of others in its possession, but that is highly unlikely, due to his avoidance of you in your time of need. Most repair shops don't have or don't think of coverage for customer's property in their care and custody (Insurance lingo). And, is he legally liable for another person's criminal act, a burglary at his business? Was it his fault? I would exhaust all avenues as to coverage on your homeowners, your son's homeowners, and the shop's business insurance. Shop owners liability will not pay for this, in all likelihood. I think getting insurance to pay is a long shot given the circumstances.
Best advice is to get an attorney's opinion as to your legal standing. Maybe small claims is a slim, very slim, chance. Keep in mind a judge makes the decision and you need to present your case as to the repair shop's duty to you. That will not be easy. My bet it you have just learned an expensive lesson. Insurance doesn't pay just to be nice. What would be your position if the machine was stolen while out in the field or it fell off the trailer and was ruined? Who would you go after for that? Sorry to hear of your misfortune.

Sadly

 

[elkantlers]

I spent many years as an Independent Insurance Agent. I handled many claims where customers had property stolen from various locations. If the ATV was worth $5,000 and the loss hurts, you should have insured it on its own or as a scheduled item on your homeowners policy, or son's policy. It is NOT automatically covered beyond a minimal amount on a homeowner's policy without being mentioned.
The business owner/repair shop MAY have had coverage for property of others in its possession, but that is highly unlikely, due to his avoidance of you in your time of need. Most repair shops don't have or don't think of coverage for customer's property in their care and custody (Insurance lingo). And, is he legally liable for another person's criminal act, a burglary at his business? Was it his fault? I would exhaust all avenues as to coverage on your homeowners, your son's homeowners, and the shop's business insurance. Shop owners liability will not pay for this, in all likelihood. I think getting insurance to pay is a long shot given the circumstances.
Best advice is to get an attorney's opinion as to your legal standing. Maybe small claims is a slim, very slim, chance. Keep in mind a judge makes the decision and you need to present your case as to the repair shop's duty to you. That will not be easy. My bet it you have just learned an expensive lesson. Insurance doesn't pay just to be nice. What would be your position if the machine was stolen while out in the field or it fell off the trailer and was ruined? Who would you go after for that? Sorry to hear of your misfortune.

Sadly

I have never had specific insurance for an ATV. Probably should, I guess. I've never worried about one getting stolen where I live and never worried about one getting stolen in the woods. It is covered on my Son's Homeowners insurance, but they won't cover it because it was stolen from the repair shop. They said if it was stolen from the home it would be covered.

I just think that the repair shop should make it right since they took possession of it to repair it.