Stolen ATV, What now?

[HONEYBADGER]

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

This is the right answer. You file a claim with your insurance telling them it was stolen from the shop. Your insursnce will pay and then go after the shop's insurance.

 

[Boarmaster]

If you have no insurance then your only course is to look to the shop owner. Depending on what kind of shop it is he may or not have insurance. If this is a atv dealership you have a better chance on him having insurance than a shade tree type operation.

Going after the thief is probably a waste of time.

Certain states have laws which require a shop keepers insurance policy to cover customers property others will not. One factor may also play into the liability is whether the shop owner took reasonable precautions to assure the property was secured.

I want to say consult an attorney but attorneys fees are expensive and not much for attorney to collect on a $5000 lawsuit. As others have noted small claims would be the most cost efficient route for small civil suits like this.

 

[old270hunter]

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.

Disturbing. This is a pain in the ass nobody needs. I think the first thing to do would be to go to the police and get a copy of the report. Seems to me this would be covered under the shop’s insurance.

 

[Redmt]

If it was CA then the shop would be forced into insurance coverage for your ATV and most likely any ATV you ever buy and any old ATV that anyone has bought from you in the past. I love CA. You can collect on a lawsuit if you're too dumb not to pour hot coffee on your nutz.

 

[okie archer]

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.

It's a bad deal for everyone involved. Bad for you because obviously your ATV was stolen. Also bad for the shop owner. In order to make something right, first shop owner had to have done something wrong. What did shop owner do wrong? I'm sure this was not his desired outcome. Imo shop owner didn't take possession of the ATV. You paid him for a service he provided. It wasn't like he borrowed your ATV for his own use. I can't imagine having to pay $5000 out of pocket for let's say $500 worth of labor repairs. How would you feel if atv was stolen out of your shop? Would you feel like it was your fault? I'm sure the shop owner doesn't feel like it's his fault either.
Like I said it's bad deal for everyone involved. It's not fair to you nor the shop owner.

 

[Redmt]

"Like I said it's bad deal for everyone involved. It's not fair to you nor the shop owner."
Fair doesn't enter into this. It's what is right. If someone brought a piece of machinery, tractor, truck, ATV, whatever to my shop for repairs I would be responsible for it's safe keeping until you get it back. It's very unfortunate for the shop owner to have to take money out of his pocket if he doesn't carry insurance for unforseen issues. If he's a legitimate shop, as opposed to a private guy working at home, I would think he would have liability insurance. Either way he should be held accountable.

 

[RealMuddyboots]

If you haven't called AZ Dept of Insurance, might be good step to take. They might be able to guide you to right agency to determine if the repair shop actually has insurance and who.

 

[TheJason]

Imo shop owner didn't take possession of the ATV.

This is incorrect.

 

[Redmt]

This is incorrect.

I agree. He "took possession" when it entered his shop for repairs.

 

[okie archer]

This is incorrect.

Shop owner no longer had "control" of the situation or the ATV when he was violated by theft.
Shop owner was violated just as much if not more than the ATV owner.
This would be less of an issue if ATV owner would have not neglected to have insurance.

 

[okie archer]

"Like I said it's bad deal for everyone involved. It's not fair to you nor the shop owner."
Fair doesn't enter into this. It's what is right. If someone brought a piece of machinery, tractor, truck, ATV, whatever to my shop for repairs I would be responsible for it's safe keeping until you get it back. It's very unfortunate for the shop owner to have to take money out of his pocket if he doesn't carry insurance for unforseen issues. If he's a legitimate shop, as opposed to a private guy working at home, I would think he would have liability insurance. Either way he should be held accountable.

How can you make some right if you did nothing wrong? Sounds like the theft was beyond the shop owners control.
My post are just my opinions. I definitely see both sides of the situation and feel for both parties involved. The thief is the perpetrator and all others are victims. I have been a theft victim on at least 3 occasions.
1. Car window smashed and stereo system stolen back in the 90's
2. Dirt bike stolen basically off my front porch.
3. Multiple guns stolen from my house while I was out of town. (Probably dopey inlaws.)
Fortunately for those of us commenting on this thread don't have to be the ones to make the final decision.
I hope the shop owner had insurance and is covered.
I hope the man who lost his ATV gets a new one free .
I hope the perp is caught and held accountable.

 

[TheJason]

Shop owner no longer had "control" of the situation or the ATV when he was violated by theft.
Shop owner was violated just as much if not more than the ATV owner.
This would be less of an issue if ATV owner would have not neglected to have insurance.
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When the shop guy took the ATV he took possession of it. Pure and simple.

You’re arguing semantics, none of which would hold merit on court. I have no idea if AZ requires a shop owner to carry insurance or not.

 

[brymoore]

Lawyer time

 

[noharleyyet]

Reputable shops have care, custody, and control caveats, either providing for, or excluding protection. Dealers are usually required to hold surety. It’s why cheaper ain’t necessarily better.

 

[noharleyyet]

OP, did you sign or initial a work order, if so, have a copy?

 

[88man]

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

no way >> ha ha

 

[Chingon]

This may vary by state law, but I believe shops in my state are responsible for insurance of property under their control while performing a service. If your state requires this, the answer is simple:

Failure by a service provider to retain adequate insurance is a choice to be "self-insured". This means that the $5k comes out of the money he's saved over the years not paying for insurance.

If the state or municipality do not require service shops to insure property in their possession, then OP might be out of luck. Find out the answer to this, and file/don't file in small claims.

 

[okie archer]

This may vary by state law, but I believe shops in my state are responsible for insurance of property under their control while performing a service. If your state requires this, the answer is simple:

Failure by a service provider to retain adequate insurance is a choice to be "self-insured". This means that the $5k comes out of the money he's saved over the years not paying for insurance.

If the state or municipality do not require service shops to insure property in their possession, then OP might be out of luck. Find out the answer to this, and file/don't file in small claims.

This really is the correct starting point. Before all of the hypotheticals get fussed over, found out the facts such as does the shop have insurance and go from there. Then again if shop is not answering phone calls it might be tough.
It stinks that oftentimes the person who truly is at fault skips out unaccountable.

 

[elkantlers]

If you haven't called AZ Dept of Insurance, might be good step to take. They might be able to guide you to right agency to determine if the repair shop actually has insurance and who.

I tried calling and they won't answer. Looked on website and i can't see anything that helps me.

 

[RealMuddyboots]

I tried calling and they won't answer. Looked on website and i can't see anything that helps me.

Maybe try AZ AG:

https://www.azag.gov/complaints/consumer

There is number bottom of page. This may be better place to start.