Totaled my car, now they want payment.

[RSTAKAT]

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

I took my car in for transmission repairs. The bill was $1800.00. They drove my car they say to pick up additional repair parts at which time the driver was in a accident and totaled it. Now the repair shop want's the payment for the transmission repairs before they will release it to my insurance company. What is my recourse?

 

[HighwayMan]

Release what to your insurance? The shop's insurance should be paying for the loss.

When your car was being driven to pick up parts the parts were for your car? If so then it wasn't fixed yet was it?

 

[LdiJ]

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

I took my car in for transmission repairs. The bill was $1800.00. They drove my car they say to pick up additional repair parts at which time the driver was in a accident and totaled it. Now the repair shop want's the payment for the transmission repairs before they will release it to my insurance company. What is my recourse?

Your recourse is to let your insurance company deal with this. The repair shop has some serious gall to attempt to collect for repairs they never completed because they totaled the car!

 

[RSTAKAT]

Release what to your insurance? The shop's insurance should be paying for the loss.

When your car was being driven to pick up parts the parts were for your car? If so then it wasn't fixed yet was it?

The Repair Shop won't release the car to their insurance company. Yes, the parts were for my daughters car but she did not authorize them to drive her car to get them.

 

[OnTheRoadAgain]

The Repair Shop won't release the car to their insurance company. Yes, the parts were for my daughters car but she did not authorize them to drive her car to get them.

You're missing the point. If they wrecked the car driving it to get parts to fix it, then they hadn't fixed it yet......because they didn't have the parts to fix it yet.

However you haven't indicated whether your car was driveable when you dropped it off. I guess it's conceivable that you had to have the car towed to them to fix, they took the transmission apart and fixed the gears, put it back together, and it was now driveable but needed one more part external to the transmission which would make it 'better'......and were driving it as a test drive to make sure everything else was okay on the way to get that last part. But that is just speculation because there aren't any details given in your post.

You would want them to test drive the car after a major fix, to make sure it was okay and wouldn't leave you stranded somewhere, wouldn't you?

 

[RSTAKAT]

You're missing the point. If they wrecked the car driving it to get parts to fix it, then they hadn't fixed it yet......because they didn't have the parts to fix it yet.

However you haven't indicated whether your car was driveable when you dropped it off. I guess it's conceivable that you had to have the car towed to them to fix, they took the transmission apart and fixed the gears, put it back together, and it was now driveable but needed one more part external to the transmission which would make it 'better'......and were driving it as a test drive to make sure everything else was okay on the way to get that last part. But that is just speculation because there aren't any details given in your post.

You would want them to test drive the car after a major fix, to make sure it was okay and wouldn't leave you stranded somewhere, wouldn't you?

Your right. I was not clear. They completed the transmission repairs. Then my daughter asked them to repair a head light assembly. She did not give them permission, neither did they ask to drive her car to locate the parts. Sorry about the confusion.

 

[justalayman]

Your right. I was not clear. They completed the transmission repairs. Then my daughter asked them to repair a head light assembly. She did not give them permission, neither did they ask to drive her car to locate the parts. Sorry about the confusion.

Read the work order about their rights and liabilities concerning driving the car.

Who was at fault for the accident?

 

[RSTAKAT]

Your right. I was not clear. They completed the transmission repairs. Then my daughter asked them to repair a head light assembly. She did not give them permission, neither did they ask to drive her car to locate the parts. Sorry about the confusion.

Thanks for everyone's time and input. They released the car today their insurance will be releasing a payment.

 

[asad1012]

I'm in a similar situation unfortunately. What did you end up saying to the insurance? I am having a hard time dealing with the insurance to pay for an engine rebuild at the shop my car was totalled at.

 

[KITTvsKARR]

This should be on the shop. What kind of Auto Shop drives an unfixed car to pick up parts for an unfixed car?!

 

[Zigner]

I'm in a similar situation unfortunately. What did you end up saying to the insurance? I am having a hard time dealing with the insurance to pay for an engine rebuild at the shop my car was totalled at.

I only just saw this - why do you think your situation is similar? It's not. Not at all.

 

[justalayman]

This should be on the shop. What kind of Auto Shop drives an unfixed car to pick up parts for an unfixed car?!

You should probably read the work orders from any garage you take your car to. There are often releases signed as well. Garages need to test drive cars often. There is a good possibility the driving can be explained as a test drive.

So, unless the driver of op's car was negligent the garage is due the repair costs and is not liable for the car itself. If the driver of op's car was at fault for the accident, the garage is possibly liable for the damage to the car but they would still be due the cost of repairs. I would expect op's insurance provider to negotiate a resolution in that case.