My Car stolen from Dealership

Hey all, I train at Rebellion and my brother teaches BJJ with Omar. They'll probably be broadcasting my email soon, but I'm copying it here for the GTA/Ontario grappling community. Any help is appreciated! Be warned, this could happen to you too.

This past Monday, I dropped off my 3-month old silver 2003 Nissan Murano SE -- license plate AFKW250 at Agincourt Nissan for its first-ever oil change. The dealer -- which is located at the corner of McCowan & Sheppard -- made a mistake on the work order and put March 2nd, 5pm for the pick up so I wasn't able to get it back on Monday.

To make a long story short, I got called by T.O. Police and the dealership at 10am on Tuesday March 2, to be informed that my Murano was stolen from the dealers's parking lot! Later on it was discovered that it was stolen at approximately 8:23pm on Monday, and they have a video of an approximately 5'5" skinny Asian guy in a long jacket stealing the car -- but the video resolution sucks so they can't be sure.

Right now I am still F*CKING PISSED OFF at the dealer, especially since they're not taking responsibility for this, so we are now in an insurance battle over who's liable. To add insult to injury, one of the possible (and likely) outcomes is that even if I get a cheque from my insurance co, I will only get back the depreciated value of the car, not even the full market value or what I paid. End result is, I could be out
of pocket a few thousand bucks and still have no car! Furthermore, I will have a ding on my insurance record for the DEALER'S MISTAKE!!!

So as a message to the GTA grappling community, NEVER EVER deal with Agincourt Nissan. And if you ever get your car serviced at ANY dealer -- or even a private garage -- to make sure and ask what happens to your keys and what specifically is the dealer's garage insurance policy (and coverage).

I'm learning the hard way that a dealer's garage insurance policy isn't what you'd expect it to be, and even for something that should be completely obvious was due to a dealer's negligence, a theft victim can be on the losing end.

BTW: the insurance adjuster investigating this incident has already told me that more than likely my keys were either left in the car by the dealer or easily accessible (even though the service department closes at 5:30pm ... simple logic, think about the time my car got stolen and see if it makes sense!). However, even so, ironically it may not be the dealer's "fault" legally speaking in the world of insurance!!! F*cking unreal!!!

If the Rebellion crew and the entire GTA/Ontario grappling community can be on the lookout for my car, I'd really appreciate it.

Anyone that spots my Silver Murano SE (license plate AFKW250) can call me ASAP at 416-427-4987.

Right now I can't say I'm offering a reward -- as I'm more than likely going to lose a few grand out of this bullsh*t -- so, I'll have to determine all of that later. Also will depend on the condition of the
car if/when its recovered.

Finally, to make my "sob-story" situation complete, keep these things in mind. The day I bought the car, November 29, 2003 is the same day that my wife and I got a phone call that her 23 year old younger brother
died in a snowboarding accident in Whistler. And guess what? After all of the funeral services, etc. I brought back his CD collection for sentimental reasons for my wife -- in a 48 pack -- and unfortunately
that was in the car too. So the loss of the Murano is not just financial, but also very personal -- especially for my wife.

The last butt-kicker? Since we're newlyweds and weren't able to go on our honeymoon in December due to the death-in-the-family, we were actually supposed to be leaving on March 17 for our long-overdue honeymoon ... but now this B.S. happens.

Pass the word. Justice needs to be served.

Send a letter to Nissan's head office and make sure you list all you assumptions.

You should get some sort of compensation.

Good luck.

That sucks ass. Did you buy this car brand new? If so, did you get the waiver of depreciation?

"This endorsement protects the owner of a new vehicle against depreciation for 24 months from the original purchase date. New automobiles dramatically depreciate in value as soon as they are driven off the car lot. The Limited Waiver of Depreciation Endorsement ensures that in the event your new car is written off you will be reimbursed for the total list price of the new vehicle and not the depreciated value. This endorsement can be added to your automobile insurance policy for the first 2 years of your ownership of a new vehicle. It is not available on used vehicles. "

Thanks guys. I was already in the process of writing to Nissan Canada. But as told to me by the insurance adjuster, they may not get involved because it's "really the dealer's issue". The only way they'll get involved is if it'll cause alot of bad PR for them. Suffice it to say I've already been in contact with the media, so you may see this in the paper or TV in a few weeks.

As for the waiver, no, but that's because the car had 38,000 km on it when I bought it. That's why I'm possibly on the losing end $$ wise from the insurance co -- and may only get the depreciated value of the car. Just for owning the car 3 f*cking months!!

"approximately 5'5" skinny Asian guy "

Sounds like Danny Yen! And now that I think of it, he did have a sweet new Murano he was showing off in Montreal. :). Good luck.

That sucks man, I really hope you can get it sorted out. But tapout is right, you need to make a LOT of noise to Nissan's head office, tell them you're going to the better business bureau, tell them you're going to spread the word big time if this situation isn't resolved, do whatever you have to do because this is horseshit and there's no way you should be out even a penny for their mistake.

Not that I'm in the market for a car, but I'll never buy from there anyway:)

I agree make a lot of noise and cause bad PR for them. Also the BBB has done wonders for me in the past. Good luck man.


Call Peter Silverman from City TV.

Let Peter open a can of kick ass like you never seen before.

Silverman is a bad mofo. He scares shady business people everywhere.

Sorry to hear about your plight. Tapout and Jon are
right, Silverman, no company wants him down
their necks...


By the way, i had an incident just recently with the
same place (in conjunction with my ins. co.). In no
way does in compare with yours in it's severity, but
it's funny that it involves them (i wonder if you have
the same ins. co that i do, they may be conspiring).

Email me JCJ and i'll share my story with you if you
like), and i for one will
certainly keep my eyes ears peeled for your car.

Just out of curiousity, is that model an SUV?


sorry to hear that bro

ttt for justice

I was wondering how Danny was going to pay for the new mats at Showdown. Ha ha ha!

Joking aside, call the BBB, call Nissan, call anyone who you think might give a damn. Make a lot fo noise and they will do something for you.


As your lawyer or insurance company about the concept of 'bailment'.

That's very unfortunate about your car. Despite the fact that the dealership didn't seem to exercise reasonable care in protecting it, you would have to have your claim handled by your own insurance. That's just how it works in Ontario. The garage policy would not step up to the plate and cover it for you. Based on your explanation, it sounds as though the guy was able to get hold of your keys. If the vehicle is recovered, the insurer will have the choice of deciding whether it will replace, repair, or give you actual cash value. They'll choose the cheapest route of course. The waiver of depreciation endorsement would only apply in the event of a total loss (if they don't recover it or if it was damaged beyond repair). From your comments, it doesn't sound like you have it on your policy. As far as having a 'ding' on your record, this type of claim would be handled under your Comprehensive coverage and would not hurt your rating. Strategically wise, it might be better to see what your insurer decides to do with the case before taking any action against Nissan. At least you'll know where you stand and what your true out of pocket status really is. Perhaps a reasonable approach with Nissan might be to get the difference between of the ACV (assuming it's not recovered or repaired)and the amount of your vehicle brand new. It's possible they might just want to shoot you the difference rather than be subject to public embarassment. If your vehicle is recovered on the other hand, your insurer will likely decide to repair it if it's not too badly damaged. In that scenario it might put you in a disadvantageous position proving a financial loss with Nissan. They might just argue that your vehicle was recovered and repaired by your insurer and there's not anything further for them to do. At that point, you might need legal advice to push it any further (if the BBB approach isn't successful). If that's the case, you'll have to decide whether the economics of further handling justifies the principal you're defending. Good luck with this.

As far as I know, Bailees are usually excluded, hence, the garage policies for liability purposes. The owner's insurance policy would always be primary for vehicle damage.


Hey JCJ,

Sorry to hear all the bad news. Call Silverman ... seriously! That's one bad-ass old man.