QUESTION

As the owner is there a way that I can get my car from the dealership without paying for any deductible?

Asked on Mar 12th, 2014 on Litigation - Michigan
More details to this question:
I own this Lincoln Zephyr. A girl asked me if she could make payments on it. So I made a three page contract stipulating that if ever in an accident, I would need to know about it as soon as possible. In Dec. she got into an accident, and the dealership has the car, and her insurance has paid for all the damages. Here is my question: For some reason, her insurance company is making the dealership collect the deductible before she can pick up the car. As the owner of the car, do I have any way of getting my car from the dealership, without paying for her deductible?
Report Abuse

6 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
Update Your Profile
Probably not, since the deductible needs to be paid prior to the car being released.
Answered on Mar 13th, 2014 at 7:13 AM

Report Abuse
Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
Update Your Profile
No. Your recourse is to sue the girl to re-coup the deductible from her.
Answered on Mar 12th, 2014 at 6:29 PM

Report Abuse
Thomas Edward Gates
No, the "contract" for repairs was done under her insurance. As her obligation, she is to pay for her deductibles. The insurance check covers payment for the work, less the deductibles; hence, the dealership needs to be paid in full before the release.
Answered on Mar 12th, 2014 at 5:38 PM

Report Abuse
Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
Update Your Profile
First, I doubt strongly that it is the insurance company that is requiring this. The dealership wants to be paid and once it loses possession of the car, it loses its leverage. Second, if you want the car, you have to pay the deductible.
Answered on Mar 12th, 2014 at 5:36 PM

Report Abuse
Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
Update Your Profile
Probably not.. The insurance did not pay all the repair charges.. they paid the charges less the deductible so the dealership is still owed money. As such it is likely that the insurance company is not forcing the dealership to collect the money but the dealership is keeping the car until it is paid in full The dealership has a "garage keepers lien" on the car that even trumps your interest (or any security interest in the car) until it is paid in full. If you (or her) refuse to pay they have the right to charge you (or her) storage of $10 per day and even to sell the car if you (or she) does not pay.
Answered on Mar 12th, 2014 at 5:36 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
It is doubtful as it was in getting repaired with your knowledge, and the dealership loses its possessory lien on the car if it releases it without payment, making it more difficult for them to collect for the work they performed. The dealer needs the deductible in order to be paid for the entirety of their services. This is the girl's problem.
Answered on Mar 12th, 2014 at 2:52 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters