QUESTION
If I am paying the paint and body shop for their services, can they hold my car until I pay the rental car company?
Asked on May 14th, 2013 on Litigation - New York
More details to this question:
A local paint and body shop repaired my car. While my vehicle was being repaired, I rented a car. I went to pay and pick my car up from the paint and body shop while still in the rental. The rep stated that an agent from the rental car company called and told him not to give my vehicle until I paid the rental car company. The two companies are not affiliated with each other. If I am paying the paint and body shop for their services, can they hold my car until I pay the rental car company? My business with the paint and body shop and the rental car company is separate and it doesn't seem correct for them to hold my vehicle for reasons that don't involve their company.
9 ANSWERS
This is a contract question. No, it does not seem that the repair company has any right to hold your vehicle. Demand they release it to you upon your payment of the repair bill and to state why they will not and what law supports their position.
Answered on May 16th, 2013 at 6:27 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Doesn't sound like they should be able to. Sue for possession of your car.
Answered on May 16th, 2013 at 6:18 AM
Michael J. Breczinski
I would threaten to use them for damages if they do not release the vehicle to you. If they are not the same company, then they can't put extra duties on you to get your car back.
Answered on May 16th, 2013 at 6:10 AM
Ronald A. Steinberg
I don't think so, unless they are contractually tied in with the rental car company.
Answered on May 16th, 2013 at 6:09 AM
Thomas Edward Gates
Unless the repair shop set you up with the rental company, there is no contract between the rental and repair shop. They cannot withhold your vehicle.
Answered on May 16th, 2013 at 5:51 AM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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The body shop has no right to impound your car for non-payment to the rental car company. Contact the Attorney General's office (Consumer protection division) and consider filing a complaint against both companies.
Answered on May 16th, 2013 at 4:57 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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No they can’t legally hold your car. But there is an obvious problem. You are avoiding paying the rental bill. Why? Why don't you just pay everybody what you owe and you will all live happily ever after. If you go to court about the car it will take time and money, more than you want to spend. And it ain't worth it.
Answered on May 16th, 2013 at 4:47 AM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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It's not correct, and it's not legal. In fact, the rental car company has likely committed a tort called tortious interference with contract, for which you could sue. However, the damages, for now, are fairly minimal. If you hired an attorney to represent you, the attorney would likely only need to make contact with the rental company to inform them that they have no legal business trying to get the body shop to hold your car, and if they persist in doing so they can be sued. Also, your attorney could make contact with the body shop to inform them that the rental car company has no authority to askand has broken the law in askingto hold your car until they are paid. Once both businesses know you are represented and able to enforce the law, one way or another, they SHOULD back down. If not, you will be in a position to sue them for damages.
Answered on May 16th, 2013 at 1:31 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You are correct, they can't hold your car. It's your car, and if you hadn't paid the body shop, they could hold it because they'd have a lien. but the rental company does not have any lien on your car.
Answered on May 16th, 2013 at 1:07 AM