Thank you for your reply.
First of all, we have to discuss how liability insurance works and who has to file what.
An insured party is only liable if by law, they caused the loss. For example, the person who ran into your son's car is liable for the damage. Now, if the body shop forgot to close up the property
before they left, they could be liable for the theft if it could be determined that they essentially and NEGLIGENTLY invited a burglary. However, if they closed up the property well and someone else broke in, then I am afraid that they are not liable. This is because they cannot be liable for someone else's (the burglar's) action. There must be causation
. Causation is the "causal relationship between conduct and result:" If not for, then...
"Causation in fact is proved by establishing the injury would not have occurred `but for' the defendant's negligence." Whitlaw v. Kroger Co., ___ S.C. 410 S.E. (2d) 251, 253 (1991) (quoting Bramlette v. Charter-Medical-Columbia, 302 S.C. 68, 74, 393 S.E. (2d) 914, 916 (1990))
In other words, the body shop simply did not have enough to do with the robbery
to be liable unless they did not properly close up the shop. And I assume they did. If they are not liable, their insurance does not have to pay.
Now, if your son's insurance covered theft
, then they should
arguably cover this theft as well and reimburse him. So he may wish to file a theft claim with his own insurance.
I hope this helps and clarifies. Good luck.
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