Please note that this question was asked of GENERAL LEGAL and NOT Child Custody:
Our adult daughter's car was towed to a lot and held overnight. Vehicle was broken into via front passenger's window, while on the lot. The tow yard states that the person who lives on the yard, saw the perp break in and throw things over the barbed wire fence. Police were called, and a report was filed. A homeless man was in custody, but released for lack of evidence. Only her dressage saddle is missing. We suspect it was a inside job. At best, XXXXX XXXXX responsible for the safety and security of the vehicle while on the lot? Who is responsible for the repair of the window? Who is responsible for the theft of a saddle? As the parent, I paid both the towing and window repair bills. Can I get a POA from my daughter, and file in small claims court?
Country relating to Question: United States
State (if USA): Missouri
Have asked the towing company to take responsiblity for repair of window. Politely declined.
Hi,My name is XXXXX XXXXX X'd be happy to answer your questions today. I'm sorry to hear that this happened.We have recently implemented a new payment and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not whether the answer supports your legal position. If you have any questions at all, or there is anything I can clarify for you, please bypass the rating system and click “Continue the Conversation” or "Reply". Choosing either of the lowest two options reflects poorly on me (and not the law), so please reply to me if there is anything I can do to help before choosing those options. I appreciate your patience while we work out the kinks.1. Most tow companies have disclaimers posted that states that they are not liable for any personal items in vehicles. They would be liable for damage that the tow operator caused to the vehicle in the towing (or in the moving of vehicles on the lot). Unfortunately, they are not liable for the criminal acts of a third party, and there is no law that requires a tow lot to provide security guards. If they have someone there, and he called the police when this happened, that's really all they're required to do. 2. The person who stole the saddle. If your daughter knows who it is, she can file suit. A civil case is not the same as a criminal case - proof doesn't have to be established beyond a reasonable doubt. If she could show that, more likely than not, this person took her saddle, she could recover for him. Because the standards of proof are so different, it's not that uncommon for a person to be found civilly liable even where he was not criminally liable (the most famous example of this is the O.J. Simpson trials). Also, your homeowner's insurance might cover it, so it may be worth asking them, depending on the amount of your deductible.3. Unfortunately, no. Only an attorney can represent someone in court. A power of attorney gives someone authority to act in a few situations, but not to represent them legally. She could assign the claim to you, and then you could sue to recover. Essentially, you would be buying the claim from her. That needs to be done in writing. The fact that you paid for the tow and the window actually isn't relevant in that case, except that it can be considered as consideration for the assignment. But, again, the case here isn't against the tow company. Unless there is evidence that the tow yard employee is the one who took the saddle, you wouldn't be able to recover against them.I understand that you may be disappointed by this Answer, as it is not entirely favorable to your situation. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand. Good luck.
Thank you for your candor, and your legal opinion. That was really what I was looking for, regardless of the event. We can let it go. I just needed to make sure we did not have further recourse that we did not pursue. It appears that we do not.
You're welcome. The best shot is probably to check with your homeowner's insurance. I've had them cover items stolen from cars before (even though it seems like they wouldn't).
Since it was her car, she had no homeowner's nor renter's insurance. Our names are XXXXX XXXXX the title, so I suspect we have no insurable interest. Our deductible would also be in excess of the value of the saddle.
Thank you for answering the question directly. It kept me from wasting my efforts.
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