Stereo stolen while at dealership

Picked up my boat today from the dealer after having some work done. I got it home to find that the Head Unit and one of the two amplifiers is gone. The owner of the dealership told me, in a very nice way: sorry, it's you and your insurance company's problem. He went on to say that they had a break-in while my boat was there. He also explained that "service boats" are not covered under his insurance policy.

Fortunately, we're talking about a Sony HU at $170. And a cheap-o Kenwood Class-D amp at about $170 as well. And thank god...for what ever reason they left the 1100 watt Zapco amp which was mounted right next to the Kenwood. While mounting the amps, I intentionally made the Kenwood less secure and easier to get to with the hope that would serve as a decoy.

I'm wondering if anyone has had similar experience or know of any Washington State laws for service companies regarding installed items. --many dealerships have signs that say "not responsible for personal property." However, this wasn't personal property, it is an installed fixture. Same as if they stole the perfect pass, the dealer can't say "that's personal property"

This is a one-horse town in terms of boat dealerships and I shouldn't burn bridges over $350.

They also took my Pocket Knife for cutting Corona Limes out of the glove box!!

sounds like BS and an inside job. I would have a word with the owner the next day.

Total BS, his insurance company should cover it. He just doesn't want to make a claim.

I'd call BS on this too.
I remember a dealer in Kirkland who had a similar problem with more than one boat being damaged & equipment stolen. Covers were cut, stereos ripped out, damaged wiring, etc. As I recall the end result was that the "not responsible for personal property" sign was referring to skis, boards, ropes, etc..... lose items left in the boat. But when the boat or parts of the boat became damaged, the dealer's insurance had to buck up.

Regardless, there is no way I'd go back to that dealer, and I'd tell him that too. If he doesn't care enough to take care of you now, why would he some other day?

Does the service contract that you signed say that they are not responsible for theft on boats that they are servicing? If not, then they are responsible for sure. If yes, then you may be in for a fight.

If you don't want to burn bridges you can use a third party to put the squeeze on. sometimes your insurance company will be willing to talk to the dealer or the dealers carrier directly to get them to settle a claim that is their responsibility. Doesn't hurt to ask. I agree that I'm not sure I'd burn bridges over 350. did they at least waive some of your repair costs as a gesture of good will? An adult, calm conversation with the owner might result in this. If one comes on too strong it can often make people throw up their defenses early.. you want them down.

In most states, this is correct, the dealership (his insurance) would not be "legally" responsible for the theft. Since you own the boat, his policy views the whole boat as your personal property. If it was an employee, different story, as he would be liable for the actions of his staff.

Call your Agent first. Ask them about the laws pertaining to Garage Keepers policies. If he says the dealership is not responsible, then go ahead and claim it, unless your deduct is high enough to really not make a dent.

Like mars said, sit down with the dealer and ask him what the two of you can do to work this out. If your business is not worth $300+ to him, may be best to find a new shop to do your work.

Sorry to hear this, hope it all works out.

I had a customer that had a Skylon Defcon V and a pair of Defcon IVs stolen on our lot and I immediately hooked him up with a threesome of Wetsounds. I have insurance for every boat on my lot, customers and mine. $1500 of tower speakers are hardly something worth claiming on insurance though. It was just one more thing that I had to swallow to make sure all of my customers are happy.

I think it is totally absurd that your dealer wont take care of you on this one. You are worth a lot more than a couple hundred bucks to him.

Dealerships do have insurance for anyboat on their lot. Have your insurance company put the squeeze on him. If they left it out in the open they are negligent in not providing any security for your boat while it was in their posession.

Craig, you mentioned not willing to ruin a relationship with yoru delaler over $350....maybe your dealership should take your advice. At the end of the day what is $350 to your dealer in order to keep a potential long time customer happy.

I agree with Alan, it's absurd your dealer won't take care of this. It shouldn't even be a matter of claiming it on insurance.

sory to hear that craig.... i agree that the dealer should step up and take care of that. not a ton of money to complain about, but it is principle. Ask him to replace with an upgraded amp or give you some vouchers for $350 worth of service during the year. If he is being a pill, I think it is worth making a stink over and publishing his name.

what shop did this happen at?

Gotta love dealers. Nothing is ever their responsibility. I would put a little more pressure on them as well.

I had a car vandalized while at a repair shop back in the '80's
my attorney dad took action against them siting that there was a reasonable expectation of due protection under the law while on their property in their possession
we won
I got a brand new convertible top out of the deal

seems reasonable to me.....even if he thinks otherwise
and posting a sign doesn't always mean anything
I would think that there are some attorneys on this board that could comment on weather you have a case

for me, I wouldn't worry about the relationship at this point
lets say that you salvage it by not taking action

what might happen to your boat next time?

it seems that he has already shown his true colors
with his ...not my deal....attitude

I work at a dealership and everything on our lot is covered no matter what . . . . If it's on our lot and someone steals anything off of it or vandalizes it it's our problem so I'd call BS on it

sorry to hear about that. i have a friend that has about 10 0r 12 tower speakers and 2 subs and you know the works. he had a boat alarm instaled on his boat. its pretty cool when you open any of the storage compartments or the alarm feels a pretty good vibration (even bumping the side of the boat will set it off) it goes off.

Thanks for the advice, everyone. I should have mentioned that the boat was being repaired under an insurance claim. (a friend ran it a-ground -- though I'm partially to blame) I'm going to see if I can shirt-tail this onto that claim. I have a $700 deductible, so a new claim won't do much good.

I'll also see what my Agent knows about Garage Keepers polices in this state. fortunately, because I knew the boat would be in the shop for a while. I pulled the tower off. So my Rubicon 450s we're sitting in my garage during this. Though, anyone who takes a Kenwood over a Zapco probably isn't interested in tower speakers. I just forgot to grab the Headunit faceplate.

(Message edited by yosquire on December 12, 2007)

I'm just sitting here thinking. My claims adjuster has to send them the last $4000 for work done. I wonder if he would be willing to hold that money over their head to get their attention.

That's a great idea Craig.

Craig, I think the overall point is, this is really bad business for your dealer. I don't care what dealership they are or who they think they are, if they keep this up they will be losing business. A good dealer would have let you know about the problem, and they would have replaced everything at their expense.

My dealer has had problems with people breaking into boats parked outside overnight. I asked them what they do, do they file an insurance claim and they said, no, they just replace the equipment and take the loss. This is what your dealer should do.

Just off the phone with my Insurance Agent. He sounded well versed on this subject and basically said: "yep, that's the way it goes. Boat dealers do not carry insurance on service boats." He's going to try and shirt-tail this claim on the existing one, but he doesn't think it'll stick since it's a separate incident.

So likely at this point, I'm out $400 and the dealer is a pill. Cut losses and move on.

I would not feel comfortable taking my boat back to this dealership ever again. I have to drive an hour and a half to get my boat worked on. Maybe you can find a new shop thats not too far away. Good luck!

Craig - was this Bakes or what dealer?

Sounds like a crappy dealer.

I am guessing it is the dealer in the Tri-•••••••• I don't know if there is another dealer there really. I definatley wouldn't say Bakes is the only dealer in the seattle area. Plus they have a really good reputation in the area.

Does the insurance pay only after you sign off on the repairs? If you are not in too much of a hurry to get your boat back, don't sign off on the work, keep finding little things that aren't "right", colors not matching, stuff like that. Maybe they will get the hint...

(Message edited by socalwakepunk on December 12, 2007)

Jeff I think he has the boat home already based on the first post. However that is a great idea.

You could take the boat back (after removing anything of value of course) and nickel and dime them with fixing the repairs that weren't done right. Make them spend an additial 10-20 hours fixing the repairs, out of spite. hehe It is winter afterall!

BTW one time when someone crashed into my car, I took out all the amps and my subs before I let the tow truck take it away, as I had friends whose cars got burglarized at local car repair shops.

I am a Commercial Insurance Agent and I can tell you that regardless of the state, any property in the care custody and control of the dealer is their responsibility. That does NOT mean he has insurance to cover it, just that it is his responsibility. The sign, if there was one that said something like "we are not responsible..." is not valid. It never has been and probably never will be, it is just there to discourage people from making claims etc. and most of the time it works as people give up. The loss of $350 will most likely fall below the deductible and even if it is above the deductible commercial theft claims do not work like personal auto claims. The dealers insurance (assuming at this point there is a claim and it is covered) will not increase because of 1, 2 or even 3 none related claims. Only if there is a consistency of claims will the insurance carriers raise his premiums and even then it would be minimal as long as the dealer is not grossly negligent. i.e. leaves the gate open etc. Commercial insurance premiums are based on a rate multiplied by the sales etc. in combination the insurance company will look at the loss history to check for multiple common claims and if they exist then it may be cause for additional premium or the restriction of credits allowed to be applied to the account. If you have any questions feel free to email me and tell the dealer it was in his care, in his custody, and he was in control so it is his responsibility.

Taylor that's exactly what I thought.. Thanks for chiming in with that info.

Man, I hope it's not be a Malibu dealer. There are at least 2 in WA, plus the ones in Portland & CdA. Bakes has really come around the last few years with the addition of Matt, but they had a rough time of it for a while. And from what I understand, the dealer in TriCities has a pretty good reputation too.
You can take your boat to any dealer who is Indmar certified too. Warranty work will be honored there too.
Bottom line, regardless of who it is, you should not let this go. Tell them you are going to file a claim with the BBB, and then make good on it if he doesn't do anything.

Will you really trust this dealer again????? Would you let any of us trust them???

(Message edited by bill_airjunky on December 12, 2007)

It is a Malibu dealer and it's not Bakes. Some of you who know the area have mentioned the name of the town. I'm really not ready to name the dealer as this isn't completely over yet.

I have one year remaining on my warranty and want them to continue honoring it. I didn't buy the boat from them and it'd be a 3hr drive to another Malibu dealer. Probably Bakes or Coeur d’Alene. 3hrs each way and I'll blink through $400 in gas.

Yes the boat is home in the garage. I still have to water test it and check it out.

When I went to pick the boat up, the fender was bent on the trailer, they kept the boat for an extra week and had a body shop fix it including new paint on the damaged area. I know of two other people who have had damage done to their boats from service people negligence this year. The dealer fixed all of those problems. But it might the beginning of a deteriorating reputation.

Taylor,
So it's the responsibility of the dealer while in their possession. Is this law or ethic? I doubt they are going to budge. So where does that leave me?

Unfortunately, I think we're going to find that there is no law supporting my case. This leaves us to judge the dealer for not living up to common ethical standards.

i would take them to small claims court and sue for whatever your out plus court fees and let it be at that. the boat was on their property and they were responsible as far as i would be concerned. its not your job to come down and monitor their work and make sure your boat is taken care of and nothing is damaged or stolen while its there. why should you have to pay for it.

"This is a one-horse town in terms of boat dealerships and I shouldn't burn bridges over $350." No kidding, what's $350...seriously.

We had (key word is had) a repair shop by my lake, the guy that owned it used to take shiz off of other peoples boats/sleds/etc to fix other people's stuff.

If they're the only dealer around, you have a lot more leverage in terms of getting your $350 back... What's $350 to you? More so, what's $350 to those clowns.

Threaten the legal action, word of mouth, etc. You'll get credited your loss back. But don't puss out on your stuff getting stolen because you're worried about burning bridges...DIY isn't that hard if it comes to that (which I would do anyway).

Isn't there a Correct Craft/Moomba dealer in the Tri-Cities, too? Why not take it to them in the future?

Um I'd upgrade you in addition to replacing your items. As someone mentioned if you service your boat for a season with me your much more valuable than $350. Nitwit move IMHO.

Go to your local courthouse and follow the directions here: http://www.courts.state.va.us/pamphlets/small_claims.html

While at the hearing say exactly what I said in my first post above and then let the judge decide. If the judge sounds like he is not on your page give him this example...

"Lets say I left my boat in for service and the while the boat is in the back it caught fire and burned to the ground and in the process all other boats did the same as a result of mine starting the fire. The end result is a total loss of everything on site including the building and the contents of it. If my boat is not the responsibility of the dealership while it is in their hands then does that mean I am to pay for all the damage done by the fire? Further more I assume that the dealer has garage keepers insurance coverage. Mr/Mrs. Judge are you familiar with such insurance and it’s sole purpose to cover the property of others while in the policy holders(boat dealer) care, custody, and control. This is the very reason why we are here today. It may be possible that my loss is below the deductible amount set for the garage keepers policy but that is not my problem as that limit is intentionally set to an amount where all claims under it are to be paid directly out of the pocket of the policy holder."

Good luck and if you need any actual quoted language from any of these typical policies (they are all different but are based on the same fundamentals) let me know.

Also this should not be about the amount of the loss but rather to make the dealer "do the right thing!" (my 2cents!)

This is the link to Washington states version of what m taylor posted from VA: http://www.courts.wa.gov/newsinfo/resources/brochure_scc/smallclaims.doc

I am very surprised that this dealership would take this sort of stand on a situation with such small monetary loss and such a large potential loss of face with the general wakeboarding community in the area. This dealership has had the best reputation out of the 3 inboard boat dealerships in the area. I hope they rethink their position and do the standup thing and cover the loss that occurred while the boat was in their possession.

Dont waste a day in court over $350 bucks. I know my time is worth way more then that.

I agree I wound not go that far either. I think that you should know all your options before you decide to bend over and take it.

I doubt I would take it to court either. But I'd definitely let them know I was never bringing my boat back & would forever tell others about it.

I've had pretty good experiences with these guys. And know of at least 2 instances where they bent over backwards for their customer.... to a lot louder tune than $350. It surprises me their taking this stance.

I hope you guys can get it resolved in everyone's favor.

Did you file a police report??

And then what prevents the staff from raiding your stereo every time you bring it in there if they are not held responsible??

I would simply ask the Dealer the second question straight up.

"And then what prevents the staff from raiding your stereo every time you bring it in there if they are not held responsible??"

That is a good question.

And yes, I will be filing a police report as a formality. The insurance adjuster called me for this claim and said that in her experience 9 times out of 10 the dealer is not responsible. So I suspect small claims court would not go in my favor -- I'm certain I could get the judge to agree with me, but with no law stating the dealer is responsible, I'd certainly not win. To sum, after talking to the Ins Agent and Adjuster, I bet I'm running a 20% chance of winning small claims court. Either way the dealer will then refuse to service my boat in the future. This cuts me off from all future Malibu purchases and warranty work. That's a lot of risk for $350. Plus as someone mentioned time - My time to prepare and appear in small claims is worth more than $350. So financially, it's just not practical.

Maybe Judge Joe Brown or Judge Judy?

There is a Correct Craft / Moomba dealer here. However, their reputation is absolutely horrible. I'd take the boat to the former Master Craft dealer first....or maybe even next. Though, that leaves me without warranty.

I do appreciate everyone's support on this issue. No one likes to see a fellow wakeworld'er get ripped off, especially by dealers. But in the scheme of how much this sport costs, $350 is a drop in the bucket and I can choose to stress-out over it, or choose to live positive. Don't get me wrong, I'm defiantly frustrated and would love to tell the dealer off, but that won't get either of us anywhere.

I will follow up with a well articulated letter to the dealer describing my point of view and the potential reputation damage he will sustain. I'm not out to burn the dealer.

(Message edited by yosquire on December 14, 2007)

Craig
although I admire your positive stance, the dealer is the one that has set things in motion to burn himself
it all makes me wonder what kind of other nickle and "dime-ing" this dealer does to you and your boat when it is in his possession

does he really do the work that he says he is doing
does he invent problems and shaft the factory with bogus claims?

I wouldn't take my boat back there if I had to

I'd call the factory/plant and ask them about other service alternatives that wouldn't void the warranty

just my 2 cents

Flux that assumes it was the staff that did the pilfering, to me it sounds like it was others that jsut wanted to get in and out quick ohterwise they'ed have taken the Zapco not the Kenwood.

That being said I'd go to them one more time and let them know how frustrated you are over the situation tell them you brought your boat to them because of the reputation you thought they had but if this is how they take care of their customers you'd be sure to let everyone else know that and never bring your boat back to them. The hardest part of that may be to actually follow through on that but that's up to you. If you're not willing to do those things or take it to court your only other option is pretty much suck it up and take it as a lesson learned, thankfully it was a cheaper lesson than it could have been.

I know it'd be a drive but I can definitely recommend a great dealer out here on the east coast where you won't have that problem

Mike an east coast dealer won't do him any good...

Craig what about talking to the dealer and asking him to throw in some services for free like oil changes, winterization, etc.. These cost him next to nothing and would be a win/win if he really wanted you as a customer.

Next time you have to leave your boat there I'd be taking my stuff out first.

Craig I forgot to ask, how did the thieves get into the service yard. Surely it is protected by a fence with barbed wire or security gate? Did you ask the dealer how the theives got in?

I was just looking at the really bad side of things, that it could be the staff, it's only a possibility and I doubt it.

Legal or not, I just have a problem with a boat being fair game while you have it in for servicing. If the dealer won't take responsibility, it's like leaving it on the side of the road for anyone to come and pick through. It's just a crappy way to run a business.

I wonder how the thieves got over the barbed wire and how they were not seen on the security camera in the lighted storage lot?? Maybe because there are no lights, barbed wire, or security camera??

Seeing as how they picked the Kenwood and not the Zapco, they are probably just opportunists who had little idea.

Sorry for your troubles and I agree about not trashing the dealer over this, it will put you between a rock and a hard place.

I didn't get specifics on the break-in. Though the yard is protected by chain-link and barbwire.

East coast would be a drive for me.. Think I'd recover the $350 by traveling to the east coast? haha...

"I just have a problem with a boat being fair game while you have it in for servicing"

That articulates my thoughts exactly.

Next time you go in to their shop drop a dozen or so stink bombs in their showroom and leave.

The "great dealer" offer was obviously a joke because of the distance and I agree COMPLETELY with you on having a problem with the boat being fair game while it's with them that's BS. Certain things I'd consider not the dealers fault but this really does sound like a situation where at fault or not the dealer should have just taken care of it if they really cared about the customer. If they didn't care enough about you then I'd not feel a bit guilty about letting others know about how they take care of some of their customers.

I'm just glad I get my boat serviced at SSB in Richmond. Great folks and great service, as evidence by Alan's post up above.

Just don't puss out on this issue and give up. The dealer is banking on you dropping it, or taking care of it yourself. Obviously he knows that his normal range of clients are going to barely bat an eye at $350. That is the wrong line of thinking to have in a service industry, even if you are a one horse town. If anything you can have him waste $350 worth of his time dealing with insurance and filling in police reports on the incident. It may not help you out in the end, but the next customer this happens to might benefit from you.

(Message edited by OlskoolTige on December 14, 2007)

I wouldn't suck it up reguardless if I had to drive 10 hours to the next dealer. I would have one last conversation and be done with him if he won't work something out. I wouldn't worry about burning bridges because after this how could you leave your boat with him again after this and sleep at night.

Craig,
Sorry to hear about your theft.
I know the dealership in question pretty well.
Who did you talk to regarding this? If it was just the service dept. I would talk to one of the two owners.
This dealership has had a pretty good reputation and usually gets high marks for taking care of their customers. Hope you are able to get this worked out.

Dont back down.

I had this happen at the dealer Bill K is referring too... anyways. You can fight or you can deal with your ins co (pay your deductible and go from there).

If that dealer has a history of break-ins and has not changed anything (has not taking any further action to address a known problem) you have a stronger case.