QLD Theft at Auto Shop - Who is Responsible?

[Andyu]

I visited an auto shop to change oil, oil filter and general service. But that night, someone entered the auto shop and stolen my car's 4 wheels. Who has responsibility about this theft?

The auto shop owner told me I have to claim to my car insurance by myself. I have to pay excess fee if I claim to my insurance.

I don't agree with him. This happened in his auto shop. Why do I have to pay my money? He has responsibility when I put my key on his hand.

Please help me.

Thanks

 

[Tim W]

When you leave your vehicle with a mechanic for repairs, you are entering into a contractual relationship between you and the mechanic. Specifically, leaving your vehicle with a mechanic creates a bailment relationship. A bailment occurs when someone temporarily transfers their property to another person, for a limited time and a specified purpose. The ownership of the property is not transferred.

While your vehicle is in the shop’s possession, the mechanic is required to treat your vehicle with reasonable care. If the mechanic violates the terms of your agreement, they are then liable for any damages. Additionally, most states have consumer protection laws. These are government regulations that protect consumers from fraud or abuse.

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What our spammy American friend above is neglecting to mention is
that somewhere, perhaps in very small print, there will be a clause in the ballpark of "all care but no responsibility taken".
That sentence purports to limit their liability.

Hard to say without knowing all the background facts, but you may have an action in QCAT against the mechanic.