What Legal Recourse Do You Have When a Dealer Steals Your Car Keys?
When a professional organization, such as a dealership, fails to properly secure your vehicle and subsequently has your car keys stolen, it can be a frustrating and difficult situation. This article explores the legal options available to you if you find yourself in this predicament.
Understanding the Legal Standing
It’s important first to establish that you do not currently have a formal contract with the dealership for the rental or loan of the vehicle. Without such a contract, proving their negligence or intentional misconduct may be challenging. In the absence of a contractual agreement, you have limited legal standing, and the cost of pursuing legal action may outweigh the benefits.
Exploring Legal Options
However, there are a few legal actions you can take to recover the cost of replacing your keys or to address the negligence of the dealership.
File a Small Claims Court Claim for “Trespass Against Chattels”
One effective legal recourse is to file a small claims court claim based on the misplacement of the vehicle keys. In small claims court, you can sue for the full cost of replacing the keys, which is usually no more than $3,000. This method is beneficial because it requires no attorney and has a relatively low filing fee, which can be refunded if you win the case.
File an Insurance Claim
If you have insurance coverage for lost keys, you might consider filing a claim. Your insurance policy may reimburse you for the cost of the new key, which can be a more cost-effective solution than pursuing legal action.
Engage a Locksmith
In cases where the dealership has enabled unauthorized access to your vehicle, a locksmith can help. They can assist in disabling former electronic keys and reprogramming your new key. This can be a costly option, but it provides a practical solution for securing your vehicle.
Cost of a New Key: A physical key can typically be replaced for a couple of bucks, while an electronic FOB key may cost closer to $100 with programming.
Consider Legal Action
While legal action can be a viable option, it’s important to weigh the costs. Attorneys can be quite expensive, and the process can be lengthy. However, if you have compelling evidence that the dealership was negligent, taking legal action may be warranted.
Prevent Future Incidents
Regardless of the legal steps you take, it’s crucial to prevent similar incidents from occurring in the future. Don’t lend your keys to anyone and consider changing your locks if you believe the keys have been misused. This can be a significant cost but is often necessary in light of the potential risks.
Conclusion
When your car keys are stolen from a dealership, the key to resolving the issue lies in understanding the legal options available to you. While there’s little legal standing without a formal contract, small claims court, paying for a new key, and insurance claims are all viable options. Additionally, engaging a locksmith can provide a practical solution to securing your vehicle. Remember, prevention is always better than cure, so ensure your keys are always secure and consider reprogramming your locks if necessary.