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My paralegal, Anne, rang the doorbell: “You’ve got a woman crying on the phone. Her car was stolen in a motel parking lot and she can’t ask anyone to help her. I immediately took the call.
“Emma” explained that she and her husband were fleeing fires in Northern California, spent a night in a motel and discovered, “Our 2009 Hummer H2 with 45,000 miles on the clock was stolen early in the morning. “No fence, and there were no video cameras, bright lighting, or security guards.
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“The motel insurance company denied any liability, but since it happened on their property, doesn’t that make them liable?In addition, a police official said there had been several vehicle thefts in the area.
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Is the motel suffering with your Hummer?
A H2 with that low mileage, in perfect condition, would sell for about $70,000,” Cooper Johnson of A told me.
Does being parked at the motel assets make the motel financially responsible?And what about the couple’s car insurance?
To get an answer, I turned to attorney Evan Walker (evanwalkerlaw. com) of La Jolla, California, whose approach to property damage cases.
“The applicable legal terms and concepts here are negligence and moderation. A business owner will need to take moderate measures to protect its consumers and visitors from the destructive conduct of some other user of the assets if such conduct can be predicted fairly accurately. Walker lists 3 questions that want to be answered:
So what is due diligence? Cameras, security guards, security lights?
“What’s moderate in each case we decide based on the circumstances,” Walker said, adding, “We know here that there have been vehicle thefts in the area in the past. As the motel perhaps expected this behavior, it can be argued that they deserve to have had bright lights in the parking lot, video, and maybe even a nighttime security patrol.
Of course, the absence of those elements makes the motel liable, because we have to identify the causal link. Reportedly, the motel’s insurance company claims that the theft could have happened even with all those security measures in place.
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“But having those things would deter a car thief!” he thinks.
Lawyers for the insurance company can simply cite a study conducted by the Centre for Surveillance Studies of the Department of Sociology at Queen’s University in Kingston, Ontario, Canada, which concluded, “Despite claims brought by police, personal security companies, and camera generation companies, deterrence has been proven. “
Walker doubts Emma will find a lawyer to represent her, either on a contingency or hourly basis, “because it’s not child’s play and the expense can’t be justified. Small claims court is only capped at $10,000 in California, so it’s not a smart choice either.
“However, it is worth sending a letter to the insurance company by a lawyer arguing negligence and the small fees that lawyers would charge. This could lead to a very extensive settlement offer. It’s worth a try,” Walker concluded.
On October 16, 2020, President Trump approved a primary crisis declaration for California due to the September wildfires. With this return, there is a strong chance that the couple will be able to cover the $70,000 theft loss by filing their taxes. Consult with an authorized CPA or IRS Agent who is aware of theft-related losses.
I bet I’m wondering, “Why didn’t they file a claim with their own auto insurance company?
“It was because my husband wanted to save money, so he abandoned the collision policy and the entire policy,” Emma said through tears.
Los Angeles insurance broker Karl Susman gave this recommendation to anyone who owns an older car that still has a superior value: “Sometimes it’s a false economy to get rid of collision and comprehensive insurance on an old car if you can’t upgrade it yourself. At most, having a good enough policy would have charged the couple a few hundred dollars more each year.
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This article is written and presents the perspectives of our contributing advisor, not Kiplinger’s editorial staff. You can check the advisors’ records with the SEC or FINRA.
After attending Los Angeles school at Loyolos Angeles University, H. Dennis Beaver joined the District Attorney’s Office in Kern County, California, where he created a customer fraud section. He practiced his profession in Los Angeles at large and wrote a column in a syndicated newspaper, “Vous et los angeles loi”. Through his column, he provides free support to readers who want concrete advice. “I know it sounds cheesy, but I love using my studies and enjoying the help, just the help. When a reader contacts me, it’s a gift. “