BMW E30 325I M3 Convertible replica it has been stolen in NJ

[txtorquemade]

Curious why Vlad, or anyone else, is immune to questions or commenting. The vehicle was in his shop? Seems that opens the door for numerous questions. Why are the administrators and moderators getting all nazi over comments?

[kingston]

Oh man...Good lucking getting that car back! I'll be praying that you do!

[jeffnhiscars]

It's called a bailment. Essentially when you give personal property to someone they have a duty to return it to you in more or less the same shape you left it in. For instance, parking garages with attendants or some form of security have a duty to not let your car get stolen. I would assume (without looking at case law) that this is similar. Car is given to shop, while the shop has possession they are the bailee and have a duty to return the car to the bailor (true owner).


Disclaimer: This is not legal advise, i am a law student NOT a lawyer, this is only opinion and should not be relied on in any way shape or form

I learned about bailments in HS but decided not to get too technical. There are 3 levels of care in bailments depending on whether it is a mutual benefit bailment or for the benefit of the bailor or bailee. I would say taking your car to a body shop is mutual benefit...they get money and you get a pretty car...as opposed to lending your lawn mower to your neighbor which clearly does you no good and imposes a higher standard of care.

As for parking at a mall, you do not give the mall owner your keys along with the request to "take care of my baby" so bailment law doesnt apply IMO.

disclaimer..this advice is worth what you paid for it :-)

[KEVORM]

There's a difference, at least under US law. When you put something of yours in someone else's care it creates a legal relationship that imposes a duty of care.

It's called a bailment. Essentially when you give personal property to someone they have a duty to return it to you in more or less the same shape you left it in. For instance, parking garages with attendants or some form of security have a duty to not let your car get stolen. I would assume (without looking at case law) that this is similar. Car is given to shop, while the shop has possession they are the bailee and have a duty to return the car to the bailor (true owner).


Disclaimer: This is not legal advise, i am a law student NOT a lawyer, this is only opinion and should not be relied on in any way shape or form

[francogt1]

OP is trolling , I don't believe this one bit I know for a FACT Vlads shop has Cameras everywhere because i been there many times so its impossible for someone to take that car out of these without it being recorded on tape, and even if it was infact taken and no cameras was able to capture any information the shop is fully insured so OP should have nothing to worry about.
The car was most likely behind locked fences on the back of the building and insurance should have no problem covering it with Vlads help hense he owns the shop and also paid to get that car build by a professional body man and other workers he hired with proof from his own blog even.

I think its someone trying to trow more dirt on Vlad or seeking some kind of attention.

[robrez]

This is not a Vlad comment, it's a valid comment. OP should provide more info. Just saying the car has been reported stolen and is in the police database as stolen could be misleading. I've seen customer vs. shop owner disputes turn into stolen car reports on a few occasions.

Remember this one

http://www.tmz.com/2008/12/10/nfl-star-ferrari-fixers-took-me-for-a-ride/

[jaywood]

Good luck with the find. I'll keep my eye out!

[long tall eta]

The way garage insurance goes is usually that they are liable if the car is inside the garage, you and your insurance are liable if the car is outside of the building. If it was clearly a shop error then they should do something but if not it is just a crappy situation. Not much different then if your car was stolen from the mall parking lot, its not the malls fault.

Good luck OP I hope you have the correct insurance on that bad boy so you don't get a check for a regular e30 in the mail.

im not sure about that. when at the mall, you're there to shop, when your car is at a shop, i would think they would be resposible, esspecially if they have room inside but elect to leave the car outside and voulnerable and in a high auto theft part of the country at that. maybe a couple lie detector tests should be givin.;)

[bmwstudent]

My shop is down the street from the Port of Wilmington, De. There is an exporter here that sends countless cars over seas. Occasionally I see cool cars in the holding lot waiting to transported to the ship. There is also another exporter here too that ships cars in containers to Central and South America. I drive by both of them every day, I always have my eyes open for cars that look out of place. Most everything they ship out has been taken apart in some manner to avoid paying taxes on complete vehicles. Usually they are economy cars that have reached the end of their useful lives here in the USA, and on their way to being refurbed in some other country. I'll be looking for you!

[mark///m3]

The way garage insurance goes is usually that they are liable if the car is inside the garage, you and your insurance are liable if the car is outside of the building. If it was clearly a shop error then they should do something but if not it is just a crappy situation. Not much different then if your car was stolen from the mall parking lot, its not the malls fault.

Good luck OP I hope you have the correct insurance on that bad boy so you don't get a check for a regular e30 in the mail.

[jeffnhiscars]

I doubt that VERY highly. If your car was stolen outide of McDonalds while you were picking up a few filet-o-fish, they wouldn't cover you, body shop is no different. Hell, we had 2 customers M3s stolen from the dealership lot over night...... your vehicle insurance will cover it.

There's a difference, at least under US law. When you put something of yours in someone else's care it creates a legal relationship that imposes a duty of care. How much of one depends on who benefits (ie, one, the other or both parties). Beyond that there is usually contract language (which you dont get at McD's). Most shops have waiver language in their paperwork but that doesnt excuse them if they leave the keys in it with a neon sign saying "steal this car" :-).

If the shop was secure and someone broke in then I suspect both insurance companies will sort it out. A check would be small consolation for the loss IMO

[mikeedler]

x2. Shouldn't a shop's insurance plan cover this? Especially a shop like Vlad's that houses some rare/expensive cars.

I doubt that VERY highly. If your car was stolen outide of McDonalds while you were picking up a few filet-o-fish, they wouldn't cover you, body shop is no different. Hell, we had 2 customers M3s stolen from the dealership lot over night...... your vehicle insurance will cover it.

[long tall eta]

keep us updated on wether or not the shop makes good. i really hope they don't say ( oh well, sorry, who's next)

[Motorsports]

Boy am I sorry too hear this, Really liked that car. Hopefully you find it.

[mrcheezle19]

nice car hope it gets located..e30's are becoming the new wanted car it seems..oh and a quick question what or who is vlad?

:tsk: