QUESTION
What can I do when the person repairing my car makes promises to return my car but doesn't?
Asked on Jun 25th, 2017 on Consumer Fraud - New York
More details to this question:
My car was in an accident on May 16, 2017 and place in an autobody shop that day. However, for the last 4 weeks I have received promises and later excuses for why the car is not ready to be picked up, in spite of the fact that my insurance company paid him $13,000. In the meantime I'm renting a car and that bill is close to $3,000. Even though I explained this hardship to the autobody shop owner, he continues to give me the 'runaround[. What legal recourse do I have in this matter?
2 ANSWERS
1 Award
There are two issues -- returning the car and returning the car fixed. To get it back go there and demand it. Bring proof you own it, and call the police if not given it. To deal with not fixing the car and taking the money, you need to contact the insurance company, and ultimately sue.
Answered on Jul 01st, 2017 at 2:27 PM
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
You haven't mentioned whether the car is fully repaired and ready to be picked up. If so, and if part of the repair bill is unpaid, the autobody shop might have a mechanic's lien and would be entitled to hold your car until the bill is fully paid. If the bill is paid in full, you have an action for replevin against the shop, regardless of whether the car is "ready", and you can get a court order to return the car.
Answered on Jun 26th, 2017 at 8:31 AM