I need legal advise in regards to car damage and stolen property from an automobile while at and open house?

Question

My wife and 3 year old daughter stopped at an open house for sale in a nice neighborhood. My wife and daughter went in for a few minutes to look at the brochure and see the house.

While there someone walked up to her car broke the back passenger window and stole her purse. She had her wedding ring in there,very expensive earrings, checkbook, etc.. id.. and purse very expensive.

She of course flipped out crying and under allot of stress .. especially with our 3 year old daughter.

We filed the police report and now I am stumped. Do I call my insurance to try to get the items replaced? do I sue the owner of the property since i was on his property, at an open house, it was an invite to see the house, not to be robbed..

The total stolen is well over 10k does anyone know or have a suggestion what to do. It doesn't seem fair I drill my insurance and then have my rate hiked? thanks!!!

Answer 1

Call your auto insurance company. You cannot sue the owner of the property.  It's not his fault that a thief broke into the car, much less that your wife left her purse with very valuable items in it.  It doesn't matter that it's a nice neighborhood.  wouldn't you think that is where a lot of crime happens because they have nice things?  Your insurance company is the only way to go.

Answer 2

First you give your wife a good shake and ask her "what in hades name were you doing leaving your purse in the car?".  

More importantly "what in hades name were you doing leaving your purse in the car when you knew darn well you had 10,000 worth of stuff it it?"

Most women have the good sense to lock the purse in trunk (and secure the trunk release button so bad guys can't break the window and just use the ol trunk popper button).

Personally, I never leave my purse in the car anywhere -- not even at church.

You have no cause of action against the property owner. They are not responsible for your wifes stupidity. Just because they owned the ground she chose to park her car on with the purse (she chose) to leave in it --- does not mean they owe you a thing.

Think of it this way --  "but for" your wife leaving her purse in the car -the car never would have been broken into. "but for" your wife leaving 10,000 worth of stuff in the car -- the thief would not have had an incentive to break into your car.

Fortunately, there is no stupidity exclusion in insurance policies.

You would file a claim against your auto policy for the damage to the car (comprehensive coverage). Your deductible will apply.

Then you file a claim under your homeowners/renters insurance for the personal property that was in the car.  The auto policy specifically excludes coverage for your personal property.  Your deductible and any policy limitations in  your homeowners policy will apply.

Answer 3

Come on how could you do that to the guy? he was having an open house how would he have known someone would break into a customers car? even if you did try to sue him for that i doubt it would go anywhere. Its not his fault what so ever.