12-01-2017, 08:07 AM | #15 |
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Sounds like an inside job for sure. Took him 3 days to realized your BRZ is gone?
Fuck that shit dude, he's playing stupid with you. And left the keys inside? Irresponsible piece of shit. |
12-01-2017, 08:14 AM | #16 |
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Sounds like some grade A negligence. As I stated before, talk to a lawyer ASAP and figure out your options before you make any decisions or talk to the shop again.
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12-01-2017, 08:15 AM | #17 |
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Also this goes without saying but I am going to say it anyway. Make sure you had a police report filed so that they have the story in writing on what the owner said has happened.
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12-01-2017, 06:02 PM | #18 |
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Holy shit, this is actually the first time I've heard of one being stolen.
Keeping an eye out, but your car looks pretty stock, which makes it harder
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12-01-2017, 07:16 PM | #19 |
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Just wanted to clarify some stuff regarding the insurance. First of all your biggest hurdle will be justifying care, custody and or control. This can be done with a receipt or even aknowledgment from someone from the shop that your vehicle was there, anything will do as case law shows that when a claimant is the plaintiff the courts will often side with the loss party. Next you will need at least to get the shops policy number and insurance company. You can wait for the shop to open a claim but statements of claim work a lot faster :P
The garage policy is a standardized wording called OAP 4 the section you will be interested in is section 6, I have copy and pasted the exact wordings below. Collision or Upset 6.1 The Insurer agrees, 6.1.1 to pay on behalf of the Insured, all sums which the Insured is legally obligated to pay in respect of loss or damage to a customer’s automobile, including its equipment while attached to the automobile, and including reimbursement of expenses incurred for taxicabs, public transportation or rental of a substitute automobile as a result of COLLISION OR UPSET - caused by collision with another object or by upset; and 6.1.2 to pay to the Insurer of a customer’s automobile the amount paid by that Insurer because of the operation of section 263 of the Insurance Act and the Fault Determination Rules made under that section, based on the degree that the Insured or driver was at fault in the accident. Exclusions 6.2 THE INSURER SHALL NOT BE LIABLE under subsection 6.1 (Collision or Upset), (a) for any amount in excess of the limit stated in Item 5, subsection 6.1 of Section 6 of the Certificate of Insurance and of the expenditures provided for in the Additional Agreements of this Section; or (b) for loss or damage to contents of automobiles or trailers other than their equipment, except as provided under subsection 6.1.2; or (c) for loss or damage which occurs after theft of the automobile and before recovery by the Insured; or (d) for loss or damage caused directly or indirectly by contamination by radioactive material. Deductible 6.3 Each occurrence causing loss or damage covered under subsection 6.1 (Collision or Upset) shall give rise to a separate claim. The Insurer’s liability for each claim shall be limited to the amount of loss or damage in excess of the deductible amount payable by the Insured as stated in Item 5, subsection 6.1 of Section 6 of the Certificate of Insurance. Where section 263 of the Insurance Act (Direct Compensation – Property Damage) applies, the deductible amount is the amount stated in Item 5, subsection 6.1 of Section 6 of the Certificate of Insurance multiplied by the percentage to which the Insured or driver is at fault as determined by the Fault Determination Rules made under the Insurance Act. Specified Perils 6.4 The Insurer agrees to pay on behalf of the Insured, all sums which the Insured is legally obligated to pay in respect of loss of or damage to a customer’s automobile, including its equipment while attached to the automobile, and including reimbursement of expenses incurred for taxicabs, public transportation or rental of a substitute automobile, for SPECIFIED PERILS - caused by fire; theft or attempted theft; vandalism; lightning, windstorm, hail, or rising water; earthquake; explosion; riot or civil disturbance; falling or forced landing of aircraft or parts of aircraft; or the stranding, sinking, burning, derailment, or collision or upset of any railway car or watercraft in, or upon which the automobile is being transported. Limits of Liability Under subsection 6.4 6.5 SUBJECT TO SUBSECTION 6.8 (CO-INSURANCE CLAUSE), THE INSURER SHALL NOT BE LIABLE under subsection 6.4 (Specified Perils) in respect of any one occurrence for: (a) any amount in excess of the limits of liability stated in Item 5, subsection 6.4 of Section 6 of the Certificate of Insurance at each specified location and of expenditures provided for in the Additional Agreements of this Section; (b) any amount at a newly acquired location in excess of the lowest limit of liability stated for any specified location; (c) loss or damage to more than four automobiles at any location not used by the Insured in the business specified in Item 3 of the Certificate of Insurance. Exclusions 6.6 THE INSURER SHALL NOT BE LIABLE under subsection 6.4 (Specified Perils) for loss or damage, (a) from the explosion of tires or from explosion within the combustion chamber of the engine of the automobile, unless the loss or damage is coincident with other loss or damage covered by subsection 6.4; (b) caused directly or indirectly by contamination by radioactive material; (c) caused by theft from any open lot or unroofed space owned, rented or controlled by the Insured, except the theft of an entire automobile; (d) to the contents of automobiles or trailers, other than their equipment; or (e) for more than $25 for recorded material and equipment for use with a playing or recording unit. Hope this helps, I work in insurance but I do what’s called bodily injury which is third party liability in regards to injuries, this is a little different but it’s what I did when I first started in insurance!
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12-01-2017, 10:38 PM | #20 |
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Thief is trying to part out my car on kijiji, police are working on the case.
AD ID: 1317 ONE 32323 Chop shop guy in a van
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12-01-2017, 11:57 PM | #21 | |
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its pretty stupid to steal a car and part it out in the same province, the 86 community in GTA in pretty small
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12-02-2017, 01:59 AM | #22 | |
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I do know that several years ago my father's car was stolen from a garage lot and it was not covered since the service agreement said they were not responsible. That was a while back and the rules may have changed but we all know that insurance companies have language that protects them when they can. In this case there was no such agreement so maybe it will fly. The oddest part of that whole thing was the very specific statements on coverage for radioactive contamination. Is this a big problem that we are not aware of?
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12-02-2017, 04:49 PM | #23 | |
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12-02-2017, 07:26 PM | #24 | |
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Not all shops have OAP4/garage insurance so your father may have sadly been just unlucky with getting a shop that does not have insurance The radiation thing is pretty funny, there’s so many tales and myths in the insurance industry of its origin and times it has come into play. My personal opinion is that it’s an exclusion so if the vehicle for what ever reason is contaminated no one from your insurance company would have to go near it/dispose of it/pay someone crazy enough to fix it which is more of an employee safety thing.
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12-03-2017, 08:52 PM | #25 |
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OP keep us updated with the progress of this...
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12-04-2017, 01:11 PM | #26 |
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hope that piece of shit get put away for a long time.
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12-04-2017, 03:35 PM | #27 |
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Police are "working" on the investigation but they are honestly SO SLOW and I've sent them so much information and pictures proving that this is in fact my car. All they have to do is send a request to kijiji and get information like IP, phone, etc.
It seems like I physically have to point at the guy and drag a cop by the ear to make them do anything... Working on getting the ball rolling with the bodyshop insurance claim because the car by now is probably in rough shape and a lost cause. However.. of course no one is picking up the phone.
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12-04-2017, 03:38 PM | #28 | |
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