Car Property Theft from Mechanic - Who pays?

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Stephanie

Member
11 July 2014
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Hi, my boyfriend bought a ute from his friend a few months ago. It turned out the ute needed to be fixed by a mechanic. When my boyfriend took the ute to the mechanics, his friend still hadn't taken off his spotlights the are worth quite a bit of money. While the ute was at the mechanics the spot lights were stolen (theft). Now 7 months later the friend wants my boyfriend to buy him new spotlights. Is this correct? Is the mechanics at fault? Or shouldn't that be a fault of the friend for not taking them off?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
It is probably part of the mechanic's terms and conditions
that they accept no responsibility for the security of vehicles left with them for repair - the classic "all care but no responsibility" scenario.

Was it an express term of the sale that the headlights were not included?
 

Stephanie

Member
11 July 2014
4
0
1
It is probably part of the mechanic's terms and conditions
that they accept no responsibility for the security of vehicles left with them for repair - the classic "all care but no responsibility" scenario.

Was it an express term of the sale that the headlights were not included?
Yeah the headlights were still the property of the previous owner, but he wouldn't take them off prior to my boyfriend taking the ute to the mechanics
 

Stephanie

Member
11 July 2014
4
0
1
They were still owned by the previous owner of the ute. The previous owner wouldn't take them off at purchase of the ute or when he knew my boyfriend would take the ute to a mechanics
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
How much money are we talking about?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,068
737
2,894
Sydney
Insurance?