Legal Question in Product Liability in Florida

I purchased a vehicle from a dealership where I was deceived into putting the insurance under a friend's name in order to reduce the premium. This case is currently going through an arbitration process but it has suddenly taken a different turn. The car in question has been stolen. When the insurance company switched the premium to reflect my name, I couldn't afford to include comprehensive coverage. Therefore, I dont have comprehensive coverage; I am yet to get a definite answer from the insurance company on whether I am covered or not. Right now, I presume that their response will be negative. In January of this year, a friend helped pay for LOJACK installation in the vehicle for extra protection since I don't have comprehensive coverage. Its been three days since the vehicle was stolen. The LOJACK was installed in my State of residence which is Washington DC. The vehicle was stolen in Daytona Beach, FL. I had some frustrating moments joggling between the polic and LOJACK on who activates the unit. It was finally done but my car still hasnt been found. LOJACK on their website states: When your vehicle is stolen, LOJACK helps get it back - fast. A LOJACK transmitter hidden in your vehicle helps the police track and recover it, often within a few hours. Thieves can't find it. Thick walls can't stop it. When it comes to recovering your stolen vehicle, nothing works as well as LOJACK. That's why LOJACK offers a 24-hour recovery guarantee. Now that's peace of mind." A LOJACK agent I spoke with, Christy I think, stated that the LOJACK could have been improperly installed or have been disabled by the thieves. What are my options?


Asked on 8/08/09, 7:35 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

You asked your question in the catagory of "Products Liability," so I am assuming you are wondering whether or not you have a claim against LOJACK. The answer is to first look at the contract. In order to prove any negligence or faulty parts on LOJACK, you would have to recover the car and device and obtain the evidence. But, that's possible if and when you do. Mere conjecture is not going to make much of anything happen.

This is not a res ipsa situation, I don't think, but maybe. [Res ipsa loquitur is latin legal-speak for "the thing that speaks for itself" and means, in my own terms, that one can infer negligence just because the result happened. It is often used if one finds surgical instruments left inside a patient - one need not prove a negligent act because if the instruments are there, someone must have been negligent.] An attorney may pursue that as an argument in this case without evidence.

Anyway, you are going to need an attorney and hopefully some evidence. Good luck to you.

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Answered on 8/09/09, 9:27 am


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