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  1. #1
    Fatt Toney is offline Junior Member
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    Apr 2007
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    Mechanic Storage Fee

    What is the name of your state? Ohio

    I hope I put this in the right column, really not sure. In November of last year, the engine on one of my cars locked up. My friend took it to a mechanic for me to get an estimate. This was a 2nd car of mine, that my friend was driving most of the time. The reason that the engine locked up was because of an oil change we had gotten from a quick change place, they didnt put new oil in it. Long story short, the Quick Change place settled with us for the price of a new engine. I get a hold of my friend to get the car, unbeknownst to me, it has been in this mechanics shop since December 2006. This mechanic wants to charge me $20 a day for storage (close to 2K total). However, in further researching, I find that this storage fee is disclosed on the work order and estimate, neither one of which my friend nor myself signed (I actually have copies of the unsigned forms). This rate and/or policy is not posted anywhere in this shop (I have pictures of such). This mechanic is saying its law that a storage fee is charged, but in researching Ohio Revised Code ([url]http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC[/url]) Im finding nothing on the topic, one way or the other. Can somebody please advise me on my legal rights in this situation. Can he charge this storage fee if it was never agreed to by myself nor the person that dropped off the vehicle, and it is posted nowhere in his business? Any responses would be greatly appreciated.
  2. #2
    moburkes is offline Senior Member
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    My advice is to negotiate a price so that you can get your vehicle back.
  3. #3
    outonbail is offline Senior Member
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    Well, as per your post, he has been storing your car since December. Why would you think that anyone who pays rent/mortgage, taxes, insurance etc. for the very spot your vehicle was stored in, would allow someone to occupy that space for free?

    Be glad he didn't file a lien on the vehicle, that would have ran another $50.00 to $100.00.
  4. #4
    Fatt Toney is offline Junior Member
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    i didnt ask what he felt, i asked which way the law read, because I couldnt find it. Thanks for your opinion on his feelings though.
  5. #5
    outonbail is offline Senior Member
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    Quote Originally Posted by Fatt Toney View Post
    i didnt ask what he felt, i asked which way the law read, because I couldnt find it. Thanks for your opinion on his feelings though.
    OK, then here's the way to deal with it. Pay the storage fee, then sue your friend for leaving the vehicle at this mechanics shop. He's the one who just dumped it there, without a care in the world. Let him pay the charges incurred by his actions. You really don't know if the mechanic informed him of the storage or not, as you weren't with him when he left the car. So you wouldn't actually know what was discussed now would you?

    It is also common for automotive businesses to be familiar with what is legally required to charge the storage fees, as they run into people who dump their broke down vehicles on their property all the time. So if it does require their posting the fees in plain sight, you can bet he will have proof of posting these fees when you go to small claims court. So unless you've taken pictures of every wall in his entire shop and waiting area, you're pictures probably don't amount to diddly.

    However, in further researching, I find that this storage fee is disclosed on the work order and estimate, neither one of which my friend nor myself signed (I actually have copies of the unsigned forms).
    The fact that you're aware it is posted on his work order tells me that you, or rather you're friend knew, or should have known what this repair shop's policy was for storage charges.

    If the mechanic told you he never saw the vehicle because he didn't sign when receiving it, would that be acceptable to you? Somehow I doubt it.

    The fact that you have the work order, indicates their storage charge policy was disclosed.
    Sue your friend, he's the one who put you and/or the vehicle in this situation.

    As was posted, you're best bet would be to try and work something out with the owner of the shop. You're chances are always better if you can maintain an amicable relationship with him. So if you've already made any threats of taking him to court, you may find him unwilling to work out a compromise with you.

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