QUESTION
Can a mechanic hold my car as collateral until the warranty company pays him even though the repairs are done?
Asked on Feb 09th, 2012 on Business Law - Texas
More details to this question:
I had to get a new fuel pump for my car so i went to a local mechanic close to my house instead of going an hour away where the dealership is. My car is covered under a extended warranty bought at the time i got the car from car max. The mechanic said that if he still hasn''t recieved payment from the warranty company when the repairs are done that he will hold my car until he recieves payment. My copay for the repair is just $75 dollars and i pay that when i pick up the car, and i think i should get my car back regardless if the mechanic hasn''t recieved full payment from the warranty company because it is a dispute between them and has nothing to do with me. Is he in the right to hold my car? Or is he just blowing smoke?
1 ANSWER
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As a general matter, a mechanic may exercise a posssessory lien over a car until he has been paid. You, not the insurance company that issued your policy, are his customer, and he is entitled to insist that you pay and await reimbursement from the insurance company before releasing your car.
Answered on Feb 10th, 2012 at 11:02 AM