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After a fender bender my car was towed to the body shop. Actually, it was Lia Auto Group, Lia Collision Center in Colonie, NY. At that time, Lia Collision Center had exclusive possession of my vehicle for about two weeks. When I returned to pick up my car, I paid the $3,000 and they gave me the keys and told me it was parked out front. When I got to my car I was shocked. My after-market, high end stereo system had been stolen. My dash had a big whole where the stereo used to be, and wires hanging out. I ran back inside to tell the staff, and they acted surprised. How is it that not one member of their staff ever noticed this? It is blatant (and they just took my car out for a test drive.. . . they had to see it). To make matters worse, the manager Lisa, told me that Lia Auto Group was not responsible for missing items. How can this be? I gave them a car with a stereo, and they returned a car with no stereo. The math here is pretty simple. Certainly, if I borrow one of their loaner cars, and I return it with no stereo, they will prosecute me for it??? Why are they not responsible for my car when they had it in their possession ? Isn't it their responsibility to keep my car safe and secure? What are my rights here?
Sue them. Use small claims court. Be sure you have written estimates for how much it will cost to buy and install a new system. The manager said, "Lia Auto is not responsible for missing items." Well, what do you expect the manager to say?? "Sure, we'll gladly pay the $1000 it will cost to replace." Duh. The auto repair shop is, in legal terms, a "bailee." A bailee is required to use extreme diligence to protect the bailor's (you) property while in the custody and control of the bailee. Acting "reasonably" is not enough. You have a pretty simple case here, provided you can prove what was in the car when you dropped it off. To win, Lia would need to prove that they acted with "utmost diligence" in safeguarding your vehicle. Leaving a car in a publically accessible, unguarded parking lot is not utmost diligence. But, perhaps leaving the car in a locked garage, with security alarms and guard dogs, is utmost diligence. It will be up to the judge to decide. Edit: I'm not sure about washington specifically, but most states do not allow bailees to contractually disclaim liability. That means that any purported waiver of liability that you may have signed would be unenforceable.
Can't say what your rights specific to washington are, but courts do not always strictly enforce the waiver portions of adhesion contracts.
Sue them. But make sure you read what you signed when you let them tow your car.
They had possession of your vehicle so they are liable for it sue them.