Theft from boat while at repair shop?

MASTER Brian

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Mar 26, 2006
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First can anyone tell me what to expect? Took my pontoon to a repair shop that used to be reputable, but they took forever to fix, gave me continuous runarounds, etc. I finally picked it up yesterday and a seat cushion foam was out, tools I kept on boat were missing from case and it was busted up, trolling motor missing, speakers stripped, I can keep going on, but do I file with my insurance or what? Trolling motor is what I noticed while there, they played dumb, it wss 110 heat index and I just wanted the dang boat back and had kids in tow. I will call police I the morning to file report, but looking for input here.

Also anyone know what size trolling motor would be on an 18' bass buggy pontoon? It was a 1990 and probably original. I have some pictures but nothing showing size. It was only 12v.
 

fhhuber

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Appx 60 to 80 lb trolling motor would be my guess... My 17.5 ft bass boat (sold that boat) had a 70 lb 24 volt.
Pontoon might want more power due to having more stuff up above water to catch the wind.

Getting to where you almost need to do a video walk-around just as you drop off the boat or car at the shop...
You got your word vs theirs. Just evidence stuff is gone but not when it was taken off.
 

MASTER Brian

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Mar 26, 2006
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I agree it'll be he said she said deal. I filed police report for the theft...that stuff is well over a grand, then figure on damage to boat it's likely another grand.

I agree on the video walk through. I thought I had taken pictures, but trying to sort through all the pics one takes with smart phones is a pia. Guess I'll contact insurance to see how they will proceed and go from there. I just thank God I took out my skis and tubes. It's just hard to remember what was in there.
 

oldjeep

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Insurance claim, that is why you have it. If there is a case to go after the shop insurance then your insurance company will do it. That is what you pay them for.
 

oldjeep

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70lb trolling motor? The one on my dads fishin barge is an easy one handed lift. Or is that some sort of thrust measurements?
 

David Young

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Most repair shops (auto, boat etc.) i've been in have had a sign saying, "not responsible for anything stolen or missing". Something like that :)
 

airshot

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I would take pictures of the missing stuff and any damage then place an ad in your local paper and online in someplace where local folks would likely see it. This will get their attention and the attention of others not to have their stuff serviced there. If done correctly they will be more willing to settle up or go out of business. In the mean time file a claim with your insurance company and also the better business bureau. With enough effort on your part something will get settled.
 

roffey

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Nov 22, 2012
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hmm, I think now the boat has left the repair shop it might be difficult to prove fault on their part. Years back I had a radio stolen from my truck that was parked in the lot of a dealership. The dealership told me they had no responsibility for stolen items from vehicles left onsite and pointed to a sign on the wall. I asked a lawyer who said the dealership can put up as many signs as they want and the vehicle is their responsibility when on their lot under their care, period.
 
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MASTER Brian

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I called the repair shop Saturday and mentioned to them, they acted as though they had no idea of any thefts or what I might be talking about, but the GM said call her and she'd see what they can do to help. That was she'd look around shop and see if they have any unused trollers, some used speakers, etc. I will certainly go speak with them once I get my list together, but more than likely with damage to the seat(s) and the fact I had pretty nice speakers, chances are they won't totally settle up because she made sure to say her insurance wouldn't cover, it would be her being nice! So far I've left the name out of the talks with many people, but everyone that knows me knows where it was. Last thing I need is a liable or slander suit from them. I have pretty good insurance and only a $250 ded, so I'll likely just file the claim and move on....AFTER I speak with them of course!

So far, the list is ruined pots/pans/dishes that were safely stowed under a seat, but left sitting out, a coleman grill with rail mounts, some misc tools, gallon of oil, speakers, Controls for LED Strip lighting that lit up the toons, ruined seat(s), fire extinguisher, ruined hatch cover to console (it was down when I picked up boat and latch is now screwy), wiring a mess under console so that needs cleaned up and re-worked, radio will be questionable as I'm not sure if they screwed up wiring on it until I get a chance to mess with it, battery that was basically new (I'm told doesn't hold a charge - maybe shorted out when everything was stripped?). The list is on going....

At this point, besides the seat(s) the biggest question is the trolling motor. I have no idea of thrust, but I have pictures of it from side. That's a difference between $500-$1000+ on replacement cost. Boat is insured for agreed value, but I'll have to replace in order to get replacement cost.

Any recommendations on how to figure the cost to replace speakers, LED lights, since controllers were taken, fix seats, ect....shy of taking it to 10 different places to get quotes... I wired up the radio, installed the lights, etc, but I deserve to get paid for my time. I'm sure not taking it back to that shop!!
 

thumpar

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Jun 21, 2007
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I would find a reputable shop that does the custom work also and get a quote from them. They should be able to contract out any work they can't do in house. That would be the best evidence of cost. I would probably file in small claims court. The insurance company is likely to up your rate after a claim.
 

WIMUSKY

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I agree with roffey. I wouldn't have moved the boat from the shop. Should have took a bunch of pix before it was even moved, with their business in the background. Now it will be really tough to prove they stole anything....

Hopefully you filed the police report before you moved it from the repair shop...

Possible kids did a little moonlight shopping? 5 finger discount?
 

jkust

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So I've had an experience with a shop in the same vein. I took it in for some work and they actually ended up destroying the boat by storing it outside, bow down filled with an entire fall, winter and early spring worth of precipitation. Long story short, they couldn't have been more egregiously unethical. It was like something out of a fiction novel attempting to discuss with them. Ultimately, I went to my insurance who totaled the boat and went after the shop. Worst bunch of crooks I've ever had the displeasure of dealing with. I held back from bashing them by name publicly. My insurance had my back though after a lot of conjolling and insistence. For outright theft, I can't believe that their own people would take that stuff. They must get many more expensive items than what you are describing going through there on boats all the time.
 

MASTER Brian

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Mar 26, 2006
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It's a comp claim and thus shouldn't affect rates, maybe if I switch company's, but that isn't likely. I've thought about small claims, but I think that's under a $1000, this is probably closer to $2000 - $3000. I pay for the insurance and they're lawyers are probably better than mine! Of course I don't plan on them spending too much on this to re-coop costs.

I wish I could find a shop locally that does the custom work, but for some reason that's kind of hard to find around here. A few years back, my Ranger got hit by hail and I had to drag it to 3 different shops to get all the estimates I needed! What I've found is that the shop that works on the motors, doesn't typically employ someone to work on the interior, so they sub it out to someone else and thus they don't want to mess with hauling it to the other shop or having to store it until they can come look!
 

Sprig

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Your insurance will cover the loss minus the deductible. Depending on the policy they probably won't cover full replacement costs. So for example let's say the trolling motor new was $500 but was 5 years old, they may only give you $100. To buy a new one you would be $400 out of pocket. So for all the expenses not covered by your insurance including deductible take the repair shop to small claims court. It's easy to file a small claims suit and no attorneys are involved. It's just you and the repair shop. Gather evidence such as pictures of the boat that show some of the equipment, any receipts you may have from the items lost, police report, get spouse, kids, friends and anyone who has knowledge of and can testify that the missing items were on the boat when you brought it to the shop. Itemize all your out of pocket expenses along with receipts and take them to small claims court. Your chances of winning are excellent and you can stick it to the crooked shop. I would also check with the BBB to see if there are similar complaints filed. You can also check county court records to see what other suits if any have been filed against this shop and if there are any liens against the business. This information may help your case. Remember NO attorneys are involved in small claims court, it's you verses the shop. Im guessing that your out of pocket expenses plus deductible to replace everything will be considerably more than $1000. Actually you don't have to actually replace everything. Just furnish proof of the cost to replace various items and that should be sufficient. In most states small claims are eligible up to several thousand dollars. Here in California the max claim is $7500.
 
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thumpar

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Small claims is either $5000 in most cases but some limit it to $3500.
 

R055

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Your insurance will cover the loss minus the deductible. Depending on the policy they probably won't cover full replacement costs. So for example let's say the trolling motor new was $500 but was 5 years old, they may only give you $100. To buy a new one you would be $400 out of pocket. So for all the expenses not covered by your insurance including deductible take the repair shop to small claims court. It's easy to file a small claims suit and no attorneys are involved. It's just you and the repair shop. Gather evidence such as pictures of the boat that show some of the equipment, any receipts you may have from the items lost, police report, get spouse, kids, friends and anyone who has knowledge of and can testify that the missing items were on the boat when you brought it to the shop. Itemize all your out of pocket expenses along with receipts and take them to small claims court. Your chances of winning are excellent and you can stick it to the crooked shop. I would also check with the BBB to see if there are similar complaints filed. You can also check county court records to see what other suits if any have been filed against this shop and if there are any liens against the business. This information may help your case. Remember NO attorneys are involved in small claims court, it's you verses the shop. Im guessing that your out of pocket expenses plus deductible to replace everything will be considerably more than $1000. Actually you don't have to actually replace everything. Just furnish proof of the cost to replace various items and that should be sufficient. In most states small claims are eligible up to several thousand dollars. Here in California the max claim is $7500.

Without taking the pictures/proof at the shop before hauling it back his chances of winning are pretty low unless the shop admits that one the things were stolen while the boat was under their care.

How big is the shop? They most likely only had 1 or 2 employees that work on the boat. I would say there is a bigger chance someone broke into the shop and stole it than the mechanic stealing it if it's a small shop.
 

Sprig

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Small claims court is not like Perry Mason or the OJ trial. You don't have to prove anything "beyond a reasonable doubt" as in a criminal trial. If you provide evidence as I suggested and your claims are reasonable the judge will likely rule in your favor.
 

R055

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Small claims court is not like Perry Mason or the OJ trial. You don't have to prove anything "beyond a reasonable doubt" as in a criminal trial. If you provide evidence as I suggested and your claims are reasonable the judge will likely rule in your favor.

Yeah but he doesn't really have any evidence and it's just going to be he said she said so the judge will most likely favor the shop.
 

thumpar

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Yeah but he doesn't really have any evidence and it's just going to be he said she said so the judge will most likely favor the shop.
I doubt that. There is at least some proof that it was there as in phone calls, paperwork, something.
 
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