Who is to blame if a car sent in for repairs is stolen?

My vehicle was taken from the dealer’s workshop but it says it is not liable and wants me to claim on my insurance

Two months after I took possession of a £40,000 factory-ordered VW Golf R, I was involved in an accident that was not my fault.

It was taken for repair by the dealership I bought it from, Inchcape in Macclesfield, and was subsequently stolen, along with two other cars, from its workshop. Inchcape has refused to accept liability and advised me to claim through my insurer, thus incurring an excess and affecting my premiums and no-claims discount.

It provided me with a loan car after the accident, but was quick to demand it back the day my car was stolen “as it was no longer being repaired”! DS, Knutsford

Most garages display disclaimers stating that owners leave their vehicles at their own risk and they are only liable for a theft if it can be shown they did not take reasonable care. However, your car was towed to the premises without you and none of the paperwork you were given included this important caveat.

At first, Inchcape claimed it had resolved the issue to your satisfaction. What that turned out to mean was that it had told you it wasn’t to blame and you should claim on your insurance.

After further wrangling, it decided to refund your insurance excess and some of the items that vanished with your car, but says that since the car and workshop were locked on the night of the theft, it took “all reasonable steps” to keep it safe. This was four months after the incident.

Your insurer has paid the full value of the car and you have a replacement.

If you need help email Anna Tims at your.problems@observer.co.uk or write to Your Problems, The Observer, Kings Place, 90 York Way, London N1 9GU. Include an address and phone number. Submission and publication are subject to our terms and conditions.