Another Insurance issue

Vulcan Rider wrote:

Duck wrote:
I think that the OP was just wanting to let people who might be using a consignment dealer to check with their insurance company first. Thanks for the information.
Don

And I am trying to tell HIM that HIS insurance shouldn't matter because in some/many/most states, the DEALER bears responsibility for the equipment while it is in his control, regardless of what disclaimer you might sign to the contrary.

If he won't miss the ....$20K.....or whatever he lost, he can certainly throw that much my way. I will even say thank you.

The statement you are making is simply not true. It has been discussed many times on this Forum in the past and research on the Internet will easily disprove your theory. Obviously this makes the point others have expressed to trust a lawyer you contact and not the views from some public forum.

In the case of a vehicle placed for consignment by a consumer to a dealer, a mutual bailment is created where the dealer would be responsible to exercise reasonable care in the protection of the merchandise. Unless the dealer was negligent in this care, such as leaving the keys in an unlocked vehicle, any loss due to theft would be the responsibility of the consumer.

While different jurisdictions may well impose less or more restrictive conditions on the dealer to exercise reasonable care, the basic tenant will not change. I have been involved in dozens of litigations involving this scenario in multiple states. Unless the dealer agrees to accept responsibility and or has been negligent, he will win every time.