Negligence, Other Injury Car Vandalized at auto shop

[Nicolette0403]

Jurisdiction

Arizona

I took my Explorer to the Ford collision Center after being in a accident. The damages would take 2 to 3 weeks for repair, so I left the keys with them. Three days latter someone got into their lot and set mine and another ladies SUV on fire and attempted to set a third car on fire, but was unsuccessful. The dealership said they are not liable because it was vandalism, so I had to file a claim with my insurance. My vehicle was a total loss and they paid the fair market value and I had to pay the upside down balance and deductible. We was advised the third car was an employees car that was left their while they went out of town. The owner of this vehicle is listed as associated to the suspect on the police report. There was a security guard on the lot but he did not see anything until it was too late. They offered selling me a new truck at a discount price, but I did not want to give them the $40,000 sale after their insufficient security caused me the financial hardship. I'm looking into my legal opinions and need to know if I have a case. I appreciate any help you can give, thank you.

 

[mightymoose]

If there is a conviction regarding the incident you could seek compensation from the guilty party.
To hold the shop responsible you would have to show some sort of negligence.
You are surely listed as a victim in the crime report so you should follow up with the status of the investigation.

 

[army judge]

Maybe, maybe not, read about something:


Victim Compensation & Restitution | Arizona Attorney General


Restitution



Restitution Statutes & Forms

 

[adjusterjack]

The dealership said they are not liable because it was vandalism

True.

We was advised the third car was an employees car that was left their while they went out of town. The owner of this vehicle is listed as associated to the suspect on the police report.

So? If the owner of the third car was a victim of, say, an angry ex, that doesn't make the employee or the employer liable.

There was a security guard on the lot but he did not see anything until it was too late. insufficient security

No surprise there. Do you think the vandal would set fires while the security guard was looking?

They offered selling me a new truck at a discount price

Of course they did. A person without a car is a potential customer. But you can walk into any dealership in town and get a new truck at a discount.

I'm looking into my legal opinions and need to know if I have a case.

Against the criminal who started the fires? Yes.

Against anybody else? Slim to none.

 

[army judge]

The owner of this vehicle is listed as associated to the suspect on the police report.

What automobile insurance coverages do you carry on your vehicles?

Have you contacted your insurer about the incident?

If you carry the proper coverages, your insurer can make you whole, less any deductible.

If you are underinsured, now is the time to speak with your insurer about better protecting your vehicle in the event a crazed maniac should ever visit harm upon your property in the future!!!

 

[adjusterjack]

Um, OP wrote:

I had to file a claim with my insurance. My vehicle was a total loss and they paid the fair market value and I had to pay the upside down balance and deductible.

 

[zddoodah]

I'm looking into my legal opinions and need to know if I have a case.

Nothing in your post suggests you have any viable legal claim against the repair shop. The only way you'd have a claim is if the shop was negligent (e.g., by failing to take reasonable measures to prevent vandalism). The fact that the existing security proved to be insufficient in this instance does not mean it wasn't reasonable.