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Total loss at repair shop

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asad1012

Junior Member
What is the name of your state (only U.S. law)?

Illinois

I bought a car in September and took it to a repair shop to get the engine looked at. The owner said it needs to be rebuilt and started the whole process. Three months later, while the car was sitting outside the repair shop without an engine, the car was broken into and insurance thinks it is a total loss.
The shop owner was reluctant to call his insurance after the incident. The shop owner did not give me any form of an estimate or anything in writing. I did not sign anything as well. Throughout the three months, I never really got any breakdown on costs.
At this time, the owner is not releasing the car to insurance until he gets paid his ~$8,000 repair bill. I don't feel liable to pay him this repair cost. I have lost my car and am getting undervalued settlements from insurance on top of all this. The shop had no cameras and the lot is not lit up well at all.
Now, with no car and nothing to really show from this - I am being pressured to pay this repair bill. It is due to his negligence that my car was totaled and I am being put in this situation. I paid $15k for the car and brought it to his shop. At the end of the day, I am left with less than half my money.
 


A

asad1012

Junior Member
Why would I be liable for that payment when I don't have a car for that anymore? The repairs were not even finished and the car is totalled. As a business, the loss occurred at his business and resulted in me losing the car and it being devalued just after three months of ownership and all three being at this shop.
 
H

Hopkins21

Member
asad1012 said:
Why would I be liable for that payment when I don't have a car for that anymore? The repairs were not even finished and the car is totalled. As a business, the loss occurred at his business and resulted in me losing the car and it being devalued just after three months of ownership and all three being at this shop.
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Take him to small claims court for the 8K delivering the car back to you in one piece is a reasonable expectation of getting paid for repairs in my opinion :)
 
quincy

quincy

Senior Member
asad1012 said:
What is the name of your state (only U.S. law)?

Illinois

I bought a car in September and took it to a repair shop to get the engine looked at. The owner said it needs to be rebuilt and started the whole process. Three months later, while the car was sitting outside the repair shop without an engine, the car was broken into and insurance thinks it is a total loss.
The shop owner was reluctant to call his insurance after the incident. The shop owner did not give me any form of an estimate or anything in writing. I did not sign anything as well. Throughout the three months, I never really got any breakdown on costs.
At this time, the owner is not releasing the car to insurance until he gets paid his ~$8,000 repair bill. I don't feel liable to pay him this repair cost. I have lost my car and am getting undervalued settlements from insurance on top of all this. The shop had no cameras and the lot is not lit up well at all.
Now, with no car and nothing to really show from this - I am being pressured to pay this repair bill. It is due to his negligence that my car was totaled and I am being put in this situation. I paid $15k for the car and brought it to his shop. At the end of the day, I am left with less than half my money.
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Here is a link to general information from the FreeAdvice Staff on "Who Pays for Car Damage that Happens at the Body Shop?"

https://law.freeadvice.com/insurance_law/auto_insurance/vandalized_car_auto_repair_shop.htm

A couple of things that you said stand out: One is that you were never given any repair estimates in writing, and one is that the shop owner did not have you sign anything in advance of the work on your vehicle.

I assume you reported your car damage to your insurance company and that both you and the shop owner reported the shop vandalism/break-in to the police.

You might want an attorney in Illinois to review this.
 
E

ecmst12

Senior Member
Because the shop spent hours working on it and bought parts to put in it and are entitled to be paid for that work.
 
quincy

quincy

Senior Member
ecmst12 said:
Because the shop spent hours working on it and bought parts to put in it and are entitled to be paid for that work.
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... if the body shop can show what parts they purchased (and at what cost) and if the body shop can show what work was done on the vehicle over the 3 month period (and at what cost) and if the body shop can show that asad1012 agreed to this cost (generally evidenced by a signature on a written estimate) ... and there are other considerations.
 
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E

ecmst12

Senior Member
Well yes. I'm not saying OP should just pay the whole bill they're asking for without any itemized receipt or anything. Just that the car getting totaled does not mean the shop automatically gets nothing.
 
K

KudKuddi

Junior Member
Yeah even if the repair bill is a little ridiculous, they did the work and deserve their fair share. You'll have to figure this out with your insurance or between yourself what you can do in the mean time.
 
quincy

quincy

Senior Member
KudKuddi said:
Yeah even if the repair bill is a little ridiculous, they did the work and deserve their fair share. You'll have to figure this out with your insurance or between yourself what you can do in the mean time.
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That is actually not quite right, KudKuddi.

If the repair bill is "a little ridiculous," and there was no authorization from asad to do the repair at this ridiculous price, the body shop may not be entitled to pay.



("between yourself" ???)
 
A

asad1012

Junior Member
The car was left unlocked on his premise. There was no forceful entry or pry marks according to police. This is a bailment law situation - the shop did not exercise "reasonable care" of the car while I had it at their shop.

Also, the work and parts that were used are still with him because he has the engine. The car is to be totalled without an engine. Let's say I pay him, what exactly am I receiving? No work has been completed for my purpose of bringing the car to him - I went there to have my car running and driving.
 
quincy

quincy

Senior Member
asad1012 said:
The car was left unlocked on his premise. There was no forceful entry or pry marks according to police. This is a bailment law situation - the shop did not exercise "reasonable care" of the car while I had it at their shop.

Also, the work and parts that were used are still with him because he has the engine. The car is to be totalled without an engine. Let's say I pay him, what exactly am I receiving? No work has been completed for my purpose of bringing the car to him - I went there to have my car running and driving.
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That is certainly an argument you can make.

You probably should keep in mind, though, that the shop owner was not the one who vandalized your car. The vandal is the one most responsible for your loss.

The amount of money involved is large enough to justify purchasing an hour or two of an lawyer's time so I recommend you locate an attorney in Illinois to have the facts personally reviewed.
 
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