Car damaged/vandalized while at shop; who's responsible?

[Holographic77]

So I've been a long standing customer of this particular shop (which will go unnamed); roughly 15 yrs and 3 vehicles later.
Anyways, I brought her in for a coolant light/thermostat issue. The shop is a good 40 minutes from me, and requires alot of logistical coordination to arrange for drop off/pick up.
Dropped the car off Monday night after hours; filled out the form (which incidentally does say something to the effect that the shop is not liable for any damage, theft blah blah), put key in envelope, and dropped it in the mail slot.
I get a call a day later saying that the code/light were cleared, but the problem couldn't be replicated (120$ for 2 hours of diagnostic time).
I pay for the service over the phone, and twist the arm of one of my friends to drive me up there after hours to pick it up (only time I can ever make it up there given the distance on a work day).
The vehicle is left out from the of the shop (on their property), locked, with reciept inside; I bring my spare as I've always done.
We arrive and immediately notice what looks like a giant dent on one of the doors. I inspect it, and take a picture, and decide that it would be in my best interest to leave the car there and report it to the shop in the AM (1 hour 20 mins wasted with the trip).

Next morning, I talk to the shop, and the police come out. The running theory is that it was a very large ball bearing fired from a slingshot (bearing was found). Store front window is also broken via bearing.
They have video cameras, though nothing is very visible after sunset.
The bearing didn't puncture the skin of the door, but came very close to it, and left a massive dent.
In anycase, I make arrangements yet again to get a ride to the shop and pick the car up. On the way home, the same coolant light comes right back on again!!

My dilemma - who is responsible here? Comprehensive no fault claim on my end? If so, do I ask shop owner to cover or split my deductible ($250)? Huge pain the ass. Car was mint having never been in an accident or sustaining any dents what so ever.
As it stands, I basically paid 370$ (120$ diagnostic charge, and $250 deductible) just to have my car damaged, and to have wasted several trips and time to this shop.

Thoughts?

Thanks in advance.

[plat]

Man, that's one tough scenario. I am not a lawyer not do I profess to be a legal expert. This is just my opinion:

You did not specifically mention if the car was left on the shop's property. If it was on the owner's property then I am guessing that his business insurance should pay for it along with his damaged window. Especially, if they did not notify you that they won't be responsible for any loss or damage if they left the vehicle outside the shop but on their property. That's why parkade and parking lot owners have a disclaimer that any damage sustained by the clients vehicle or loss of property while parked in their premises will not be their responsibility. If they left your car outside their property, say a public area, then it will be all on your dime especially if the shop has deemed that the car has already been effectively released to the customer. In this case, any damage would be your responsibility.

Since the shop really knows you well and you have been a very good client to them, I recommend sitting down with the owner and try to settle it with him. I think it is fair if the cost of the repair would be split 50-50 between you and the shop.

[1.8t]

Tough call. A few years ago my mechanics car lot was broken into a bunch of cars had things stolen from them. In that specific scenario, the customers went through their personal insurance. For you, I'm assuming since you filled out the form that specifically stated that they're not responsible for any damages, you're on your own.

Though, if you've been going for 15 years, I would at least split the deductible costs..

[boomr]

Pretty common for any shop, customer files claim with their own insurance co., and they should be willing to help with the diagnosis on the coolant light.

[SuperAvant]

It all depends on the shop's insurance. There are two coverage forms when it comes to auto repair shop coverage for customer's vehicles in their care custody and control - legal liability and direct primary. In my opinion, any reputable shop would have Direct Primary coverage. The differences I will highlight below -

Legal Liability - pays for damage to a customer's auto only if the repair shop was not negligent in their handling of the auto - i.e. they placed the car in a locked/fenced lot and locked the car.

Direct Primary - covers a customer's vehicle regardless of negligence.

When you leave your vehicle with a shop, your certainly expect to have a certain level of care and precaution taken to prevent damage by the shop and any third party. I can reason with the shop that they will not cover any damage for vehicles dropped off after hours, but your claim occurred post repairs where the shop was the last party to park, repair, and move the vehicle.

If I were you, I would go against the shop's insurance.