Can I sue a repair shop for negligance?
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Can I sue a repair shop for negligance?
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I had bought a boat a month ago, it has been in the shop for 2.5 weeks. When we brought the boat up there we asked him if he would keep the boat in his shop since he didn't have a fence around his property. He said he would and that he always keeps "nicer boats" in his shop. It was stolen from his shop. Not only did he not keep it in his shop but he left the keys to the lock in the ignition of the boat. My insurance covered paying off my loan, but we can not find a boat anywhere for price we paid for it. We paid 4,000 for the boat but we cant find anything less than 9,000. (and not even as nice). Can we take him to court to cover the difference? Not to mention the items we had in the boat?
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mightymite1957
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You can check with an attorney, but I don't think so. The insurance paid what the boat was worth. I don't think you can sue for the difference. If you have receipts for the items in the boat, you may be able to go after that loss, in small claims court. |
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goz1111
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You are only entitled to the FMV, fair market value of the item when it was stolen/ damaged, not replacement value so if FMV equal 4K that’s it
You are entitled to the FMV of the items insides, but once again its FMV and not replacement value |
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Artman
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No you can't do that. You only have the right to be compensated for the value of the property at the moment of the lost: in this case $4,000.
And you can't sue twice for the same boat since you already got paid in full...it would be insurance fraud if you try to do that. You could onlyy sue for the difference if for example the insurance only pay you for part of the value.
As for the items inside the boat, that's also very unlikely if you failed to inform the shop in writing about any valuables inside the boat, and get a signed receipt from the shop.
By the way don't trust that shop again...Inside job or negligence? we can't know, but for sure they are not very resposible. |
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simplydelicious
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Find out where he lives and check his yard HE may have it himself. |
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