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Ely
Ely, Counselor at Law
Category: Criminal Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son had his 2014 Lincoln Navigator stolen from a body shop.

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My son had his 2014 Lincoln Navigator stolen from a body shop. Someone ran into the back of him a couple weeks ago and the insurance company recommended the body shop. The Body Shop was broken into and they stole his car. What are his rights? How long does he have to wait to settle this. What should he do?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your son's situation. Can you please tell me:

Did he have full coverage that included theft, or not?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

yes he did but the body shop should have to file on their insurance shouldn't they? It included full coverage

Mike,

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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