Lawyers help for advise

medicnick83

medicnick83

Paramedic
Joined
Aug 23, 2006
Messages
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Location
CBD, Cape Town
Hi all,

Okay, so my scooter that I bought last year September 2011 was stolen.

The problem is, the guy (mechanic) who looked at the bike did not secure it (It's chained to a wall with 1 lock, but there are 2 locks available) after he 'looked at it' so as a result, the scooter was stolen.

He admitted to me on the phone saying he didn't lock the bike and in a text message that he was distracted while fixing scooter so I honestly believe I can take it further.
I mean, he locks his bike, why doesn't he lock mine? :mad:

I've been talking to him via SMS (for recording reasons) and he basically has said that he doesn't care, it's not his problem.

There is more to this but I wanna chat to someone first.

I would appreciate any help guys please.
 
Normally these places has liability clauses, meaning if you hand them over your vehicle / scooter, it's at your own risk, and any damage etc caused is not their problem. Is this a reputable company, or from someone's home? I had my car stolen a few years from a friends house, but I loaned her my car, and then it was stolen during the night, and there was nothing I could do, so not sure in your case, but it might be tricky.
 
Has the mechanic reported it stolen? Do you have a case number? Has the police done an investigation?

Liability can be determined after you have all the facts in writing.
 
you honestly think 2 locks would have made the bike any safer? Have you ever dealt with professional thieves before.
 
Has he perhaps have any sign up in the workshop area stating that goods are left there at your own risk?

Any vehicle left for a service etc.. are usually left at the owners risk. So any loss and or damage would be for your own account, even should one of his employees drive it into a wall.

Some will have liability cover for such events but not all. I had a friend who took his car in for a service. He had no insurance on the car as it was only worth around R35,000 at the time and he was a bit cash strapped as well. His car was stolen right out of the workshop during business hours and never ever found.

The owner just pulled up his shoulders and pointed out the big sign saying that you leave anything at your own risk blah blah blah
 
I believe you failed when you didn't get insurance.

I don't think you can hold anyone accountable in this instance other than yourself.
 
SauRoNZA; I was hoping that type of comment wouldn't come, but then again, it's typical of certain members. I know I "failed" when I didn't get insurance, it's not that I didn't want to insure the bike, it's I couldn't afford it - if you know my history, you know that I went from a HIGH PAYING JOB to a LOW PAYING JOB - somethings can't be done (like insurance) but I looked after the scooter by securing it.

So!

With that said; I've reported it, I have case numbers, spoken to detective about the theft, he is investigating.

The issue here is; the bike is always secured with 2x locks which I have for the scooter - the person in question didn't bother to use 1 of the 2 locks provided to secure the bike - liability falls on him - what makes it worse is his attitude about it - he couldn't care less - as he said in one of his SMS's "things get stolen!" but I've had the scooter since last year and I've never had a issue, why? Because it was always secured!!!
 
pampoenskyf said:
you honestly think 2 locks would have made the bike any safer? Have you ever dealt with professional thieves before.
Click to expand...

If he had put the 2 locks on and the bike was still stolen, I would feel so much better about the situation - he did his part, they took it, life goes on.

He didn't bother to put it on and it was stolen. Now I must sit without transport and he carries on with his life with the attitude that "hey, stuff get stolen, yours did, not my problem" but WAIT! Maybe, had I actually gave a frack - put on at least 1 of the 2 locks - that bike would still be there...
 
Welcome to the new SA. Sorry to hear about your loss. One or two or even three locks won't make a difference if brother jack wants it. Where exactly was it parked?
 
Aren't you the same guy who's scooter seized after the mechanic didn't put any oil in it?

Sorry to hear about your loss but I would strongly recommend getting 3rd party at least, on scooter it can't cost that much can it? Imagine your financial situation if you took off a wing mirror or dented an expensive car?
 
If the mechanic is guilty of negligence then he would be liable, regardless of whether he had a disclaimer sign up. The question is whether he was negligent by using only one of the two locks.
 
The disclaimer board is not a brick wall defense. Get a good lawyer to settle it.

Or the RMI.
 
3WA said:
If the mechanic is guilty of negligence then he would be liable, regardless of whether he had a disclaimer sign up. The question is whether he was negligent by using only one of the two locks.
Click to expand...

Doubtful that by using one lock he was negligent - he still put a lock on.

If he didnt use any lock - maybe you could say he was negligent.
 
Get a lawyer, take all the evidence you have towards his negligence, he will be liable. However the lawyer fee's are most likely going to cost more than a new scooter:P
 
Ecco said:
Doubtful that by using one lock he was negligent - he still put a lock on.

If he didnt use any lock - maybe you could say he was negligent.
Click to expand...

The OP says .... Was not locked....

Businesses normally have insurance against things like this.

The OP should find out if this falls under their public liability or other such and then claim from that.

The business might try hide details about their insurance as they would pay more after a claim like this..
 
Ecco said:
Doubtful that by using one lock he was negligent - he still put a lock on.

If he didnt use any lock - maybe you could say he was negligent.
Click to expand...

He didn't use 1 of the 2 locks available to him! He also knew that "bikes" were being stolen in the area - I told him and he knows because he is a bike mechanic with connections - he locks his bike religiously!

abzo said:
Where are all the lawyers now? Blu? Izzzy? louisek?
Click to expand...

I want them to help so badly!

semaphore said:
Get a lawyer, take all the evidence you have towards his negligence, he will be liable. However the lawyer fee's are most likely going to cost more than a new scooter:P
Click to expand...

I guess, that's why I'm hoping that someone can help me - I help enough people for free these days! haha.
I don't want to take everything from this guy... I want him to learn his lesson! Even if he has to pay off the remainder of the money I owe for the bike or get me a 'acceptable' replacement I'll be happy - his attitude is what pissed me off the most - he doesn't care at all!

ChilliGirl said:
The OP says .... Was not locked....

Businesses normally have insurance against things like this.

The OP should find out if this falls under their public liability or other such and then claim from that.

The business might try hide details about their insurance as they would pay more after a claim like this..
Click to expand...

This guy in question is trying to start up a 'bike shop' but it's not proving successful so he has a job as a delivery guy - so having said that, I don't want to take him to the cleaners, but I also don't want NOTHING to happen - what he did was wrong and he knows it.
 
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