Truck Stolen from Auto Body Shop: who is Liable?

[trapshoota]

My truck was stolen from an auto body shop by one of the shop's employees who is also the owner's daughter. The truck was recovered but the engine was damaged beyond repair. Estimate of repairs is enough that my insurance has declared it a total loss. Should the shop's insurance be covering my loss and will they give me more than what my insurance is offering? I can't replace the vehicle for what I'm being offered, but the loss occurred when I wasn't in possession of the truck and from a criminal act. Does the liability for replacing my truck fall with the shop, or am I stuck with the "value of the vehicle" that my insurance is offering?

 

[aeasterwood2014]

The repair shop owners liability policy should cover the theft. They had care custody and control of your property so it makes them completely liable. I would find out who the shops insurance company is and call them to file a claim. Sooner the better! Good luck!

 

[Milkman1265]

i thought this is under garagekeepers and not garage liability.... it depends

 

[VolAgent]

i thought this is under garagekeepers and not garage liability.... it depends

You're talking what policy will pay. Whether insurance covers it or not does not relieve the shop of liability.