money stolen at ATM

dekbhoy

My wife recently had the unfortunate situation where she was mugged at an ATM in the city centre . She inserted her card and proceeded to withdraw money, as the money was coming out of the atm the mugger assaulted her and grabbed the cash from the machine before she could get her hands on it .Question is , when does the money become your responsibility ?As the money was still on the banks property and never reached my wife are they now liable for it and at loss.

thanks for replies in advance.

PCPhoto

technically the banks will say the money is yours when you put in the pin and request the amount.

legally you have a tough way of claiming the banks are at fault - only possibility would be if there was a common occurrance or previous reported occurrance of the same thing and the bank were negligent in making changes to prevent a reoccurance.

ps excuse the spelling

NOTE: NOT LEGAL ADVICE - JUST MY OPINION

234

dekbhoy wrote: »

My wife recently had the unfortunate situation where she was mugged at an ATM in the city centre . She inserted her card and proceeded to withdraw money, as the money was coming out of the atm the mugger assaulted her and grabbed the cash from the machine before she could get her hands on it .Question is , when does the money become your responsibility ?As the money was still on the banks property and never reached my wife are they now liable for it and at loss.

thanks for replies in advance.

I very much doubt that it would ever be considered that it was still the bank's money. Once you request a certain amount from your account, your account is debited and the money produced then I would say it is your responsibility. If you wanted to argue that the money actually has to be taken in hand by you then it would leave the door open to the situation where somebody just forgets to take their money when it comes out and leaves, the money is quickly stolen be the next person and then the original person claims that it was still the bank's money at that point as they had not physically picked it up.

doomed

Unfortunately its your wife's loss. From the bank's point of view the money was nice and safe tucked up in the atm and then your wife carried out a transaction that brought it out into the open air. Once the machine issues the cash its up to the customer to take care of it. Bad luck but you'd be wasting your time pursuing this.

Brendan552004

ATM's usually have closed circuit TV, report the robbery to the Garda, they may be able to recognise the mugger.

irishben

Was that on Goerges street?

amdublin

IMO it's your wifes responsibility.

Sorry to hear about this. She must have have got an awful shock.

CIARAN_BOYLE

Similar related point, a friend of mine was at an ATM a few months ago, entered her PIN code and was attacked before completing her transaction, she just ran away leaving her card in the ATM, the attacker used the ATM to withdraw the max amount.

She reported the incident but never tried to get the money from the bank, would she have had a case?