C-Mac

Hi all,

I had my kyosho Ferrari GT F430 at a hobby store for repair when it was broken into and my car ws amongst several items stolen. If anyone see's a car like mine please message me here or PM me. My email address is [email protected]

Thanks for your time and help,

Jarrod Barnes

DaveG55

What, the shop's not going to replace it for you? It was in their position and therefore their responsibility and they should make it right by you.

hkenvy91

for sure.... insurance should cover this! if they say they wont then take them to court

Chris_RC

Off topic question but why was it in for repair? Cant you repair it yourself?

dacaur

i agree, the shop should replace it.

C-Mac

I could have but I have 12 planes, 3 - 1/8 scale trucks, a 1/5th scale, 2 crawlers, a boat and 5 kids. time is not on my side and I just wanted it repaired. I live in Surrey BC and it was stollen from an RC shop in Coquitlam

Access

It depends on the contract agreed to when the vehicle was left in the shop for repair, as is quite common for these types of things, the shop might not be responsible for losses due to theft, disasters, acts of god, etc. It's always important to read and understand the fine print.

smart racer

was that RC Pitstop?...I heard they took quite a hit

MadManAndrew

"acts of god"?They actually put that in the fine print?

lee172

in my opinion the shop should be liable, and the act of god clause made he howl, though i have heard of this before..

sheograth

Like others have said I would definitely hold the store liable, it should be part of their insurance claim that they're probably placing with their insurer.

Access

The 'acts of god' language is used quite often for disasters and 'unforseen consequences', ie. lightning strikes, flash floods, tidal waves, tornadoes, etc.

Anyways if all this stuff is stated in the contract, which is typical, the only case where the shop would have to replace it is if there was negligence or some kind of 'foul play' involved. The shop's duty is really just to ensure some reasonable level of security for the items, ie. if an employee didn't lock up properly at night, only then does the business have any obligation beyond what it stated in the contract.

Even so, some things I'd check for is did the OP have homeowner's insurance, this can often cover theft in a wide variety of circumstances; and did the shop have any kind of insurance. The former may not be worth it to collect, the deductable might be more than the item itself; the latter the shop may collect it if a lot was stolen and in this case they ought to at least make a good-faith attempt to reimberse him the pro-rated amount.

I wouldn't assume the store has insurance, they should, but honestly nothing surprises me anymore. The people who should be liable are the thieves, typically in a case like this, everyone else loses.

DanBP

Who would do something like that!? Is a hobby you do it when you have nothing else to do! Unless the robbers where trying to start a hobby of their own... hm....

calvino

Man thats a bummer, hope they catch whoever, I would try and find out "why" the breakin happened, like the others said, unless you signed some 'contract', i say hold the store for something. It amazes me what some people will steal, prob the robber(s) took the cars to pawn off for drugs.... [&o]

mkoresh12

Having a contract stating they are not responsible for theft doesn't necessarily preclude them from some liability. Generally the contract helps the store from being sued for amounts greater than the items value, unless negligence has been proved as you stated above. The store would most likely be required to file a claim with the insurance company and reimburse the customer. It generally would be illegal to file a claim with the value of customer owned items that you did not reimburse the customer. Of course this assumes the company has insurance. Local & state laws would also play a factor. Just in the US you have different variations of insurance and business laws from state to state. In other words, I wouldn't give up on getting reimbursed from the shop. Look into your area laws and see if they are liable.

scoobs92

id find out if there is a big claim on the store then find out what the pay out is it might be a insurance scam is the owner in some cash trouble it happens all the time

SAVAGEJIM

This is terrible, and it actually enfuriates me to hear about people getting their RCs stolen. What is really sad is that it seems like it is happening more and more often than before.

If they find this guy, I will gladly put him into a head-lock and let you kick him in the crotch as hard as you want.

C-Mac

The owner wants me to pay half of his cost to replace it. It was virtualy brand new. My shopping days there are now limited if not over. RC pitstop is in Langley bro

DaveG55

The question now becomes what is his cost and how does that compare to the expected cost of the repairs you were having done? You were going to have to pay something for the repairs, right?
I'd want an estimate of what your repairs would have been and I'd want to see his invoice showing his cost.
As long as the two prices are not to far apart then it sounds like a reasonable deal for both parties.
If you want to play hardball you could always ask to speak with his insurance agent/company about your loss with their client but I doubt that it's really worth going to that extent

NitroVette

You shouldn't have to pay anything, you gave him your car in good faith that it would be repaired and it got stolen. You know he placed a claim and probably padded the figures to make sure he more than covered his losses. Post the name of the shop so your fellow Canadiens won't make the mistake of doing business with him. Actually before posting tell him that you are going to post this on every RC forum out there if he doesn't replace your car, maybe he'll reconsider. Personally I would stand in front of his shop wearing a sandwich board urging people to boycott him until he did the right thing.

redfisher1974

I agree he is on the hook for the full cost of the rc...asking you to pay half is a insult...

smart racer

I have always heard good things about Wes at RC Pitstop...that surprise's me having to pay any amount. I may want to talk to his insurance agent, as a victim

DamonMiller22

It mite be a good idea to look in all of the pawn shops and maybe other hooby shops all around you to see if the robbers didnt take it to pawn it off or sell it. just an idea other than file a lawsuit. no i have no idea about lawsuits or anything. lol

slayerphonics

if you let me borrow something and my house gets broken into and your stuff is stolen. I'm not liable unless I was negligent. Like not locking the doors.

Not sure on the laws in georgia, but from a business stand point. I would compensate my customer in some way.
because we all know the depreciated value of RC goods sucks.

J.D.T

I agree, unless a hold harmless agreement is in place they are responsible for it, I also agree about the valuation, he don't owe you a brand new car as you did not have a brand new car in his shop, this sounds a little sketchy as the owner should have given your name (and any others harmed) to the adjuster for a liability claim, his damage and his loss is covered under his property insurance so maybe he is trying to avoid the liablity deductable or something. In the world of commercial insurance you would usually have two completely seperate policies for liability and property, often times with seperate deductibles for each, he would have to pay the higher of the two arising from the same incident.