Camera Stolen on Job - Employer Refuses to Pay

[RHCP86]

I am a freelance event videographer, and my camera was stolen from a coat check room while working a job. The company that hired me told me that they had filed a claim with their insurance company, that the claim had been rejected, and are now refusing to pay (let alone talk).

Has anyone here ever been in a similar situation or have any advice on what to do? I've never had to deal with anything like this but my inclination is to take them to small claims court.

Any thoughts on this would be much appreciated!

[Marc]

Sad to say, I agree with the insurer. It's your equipment at risk. You should be insured against loss and theft.
Sorry.

[Jerry_R]

I carry my own equipment insurance as well as general liability and E&O.

A couple friends had gear stolen and poor luck recovering from the parties involved. One had two cameras stolen at a wedding reception and neither his client nor the venue admitted fault. One was eventually recovered from a Pawn shop and the venue filed an insurance claim that was paid and included his cameras. He found out and had his lawyer contact the venue and the insurance company. He got his money promptly (including for the camera that was recovered). The others all didn't get anything but didn't go to court either or hire a lawyer.

Some years ago had a deadbeat client. I got a lawyer and attached the receipts (they were running a festival). They soon went chapter 11 then chapter 7 and I only recovered something because I had a claim prior to the bankruptcy. There have sense been 4 management companies running things but I am still persona non grata.
If you are willing to take a chance that your business will suffer go ahead. But talk to a lawyer first; he may get them to pay up wit a simple collection letter.

[RHCP86]

Yeah I think it would be a good idea to talk to a lawyer just to see what my options are. Not that I can afford one right now, but they always do free consultations. I don't know if small claims courts offer free lawyers?

I see how it was my risk using my own gear without insurance, but the guy I was working for told me directly that it was probably one of his employers who stole the camera - since no one else was allowed back there in coat check. Also, I had asked another employer if it was safe to leave my stuff there for a moment and they had told me yes. And when I returned ten minutes later they, along with my camera, were gone.

[Jerry_R]

Most lawyers charge for a consultation. There are legal aid projects in most cities which do not charge. The rules for small claims court vary by jurisdiction. In many laywers are discouraged or not allowed except when representing an out of state or business entity. Fees vary widely but usually only a few hundred dollars to get the person served.

[Steve House]

Originally Posted by RHCP86

Yeah I think it would be a good idea to talk to a lawyer just to see what my options are. Not that I can afford one right now, but they always do free consultations. I don't know if small claims courts offer free lawyers?

I see how it was my risk using my own gear without insurance, but the guy I was working for told me directly that it was probably one of his employers who stole the camera - since no one else was allowed back there in coat check. Also, I had asked another employer if it was safe to leave my stuff there for a moment and they had told me yes. And when I returned ten minutes later they, along with my camera, were gone.

You could have tried to get a clause included in your contract (you did have a written contract for the job, didn't you?) where they indemnified you against loss or theft of your gear. They would probably have balked at that - usually it works the other way around where the venue won't let you on the property unless you have liability insurance that indemnifys them but you can always give it a shot and see if it floats.

Just another clarification. As a freelancer they are not your employers, they are your clients. The fact that you are paid to shoot their event does not make you an employee - if you were it might strengthen your position in this case as their insurance may cover loss or damage to an employee's personal tools incurred in the course of their duties. But as a freelancer you are an independent business, a vendor of a service and they are your customer, and as such you are responsible for your kit and your actions.

[shovland]

why did you ever think it would be OK to let your camera out of your sight without locking it to something?

For future reference, Pelican makes cases with built-in hasps, and you buy wire rope and make a locking cable long enough to fit around something in the environment.

[Jerry_R]

In my experience locking is not a definitive solution. Most padlocks open with a simple bump key and most combination locks can be opened with a stethoscope. This solution is only good for discouraging the opportunist not the pro.

[Philoh]

Prominently etching your name on the side of the camera may help deter a grab as well, though it reduces the resale value for yourself. Running bike cable locks thru the handles and a piece of furniture is a bare minimum. Your camera gear is like the President's nuclear football; it does not leave your sight unless someone you trust is going to hold it personally. I'll even take it to the toilet with me, rather than risk it sitting alone unattended in a public place for a minute.

A scam that happens a LOT at airports and in the field shooting in the city, is when a two-person team uses one individual to distract the shooter while the other grabs the gear, runs around a corner, and hands it off to to a third person in a car. Gone in 30 seconds.

This is less viable these days, when cameras are smaller and more consumer-y, but for big broadcast type cameras, there is a national database you can register the serial numbers on, which anybody who buys or services the camera can look up like a carfax, this used to be some small help in reducing theft.


Finally, if you can't afford to insure your key gear against theft or damage from accidents, well, you can't afford to be in business.

[Marc]

Those databases do work. The community college here was robbed a few years ago. Took all the equipment on the studio floor. Two years later an honest TV station in South America checked out a potential purchase, discovered the equipment was stolen and notified ther local constabulary. The community college even got the cameras back.

[grinner]

you'll need to claim your loss on your policy. As for not getting paid, it's not as if they got a product from ya.
Sorry for your loss but, how/why does a videographer part with his camera on a shoot?

[Daniel Roberts]

Originally Posted by Marc

Those databases do work. The community college here was robbed a few years ago. Took all the equipment on the studio floor. Two years later an honest TV station in South America checked out a potential purchase, discovered the equipment was stolen and notified ther local constabulary. The community college even got the cameras back.

That's good to know. I've always wondered if they did. Only bad part is that with the rate things are moving I'm pretty sure my camera is going to be outdated in two years.

[adreampicture]

Jerry, who do you have E&O with?