can a mechanic's insurance co be forced to pay for a vehicle that was hit on his lot?

[Cinderfellla]

What is the name of your state (only U.S. law)? IL
The situation goes back to November of 2015 when I initially had my vehicle towed to the mechanic's shop. The estimate I was told was $1350 to replace the engine. It turned out to be $1887 plus another charge. Over the Winter I was able to put 230-240 miles on it - until the transmission went out on the highway in March. I bicycled to the shop and he stated he would have it towed "first thing in the morning". I waited until after 1:15 p.m. the next day and decided to try to drive it to my nearby storage garage - where I let it rest until September.
With some extra time on my hands, I called the mechanic again and after waiting 19-20 days, and numerous calls after his no-shows, he did come to pick it up.
First of all, my initial suspicion lies in his possible (unrequested) replacing of my good transmission with a dud one which lasted 230-240 miles. Second, it was towed to his shop in late September, and after repeated calls, he did get around to somewhat checking on it - in early December. While sitting at his lot in early December, it was struck by another vehicle. The insurance company of the driver has been stating that they may not be paying me any $ since there were three vehicles that were hit. They have been past due of informing me of where things stand.
I have been wondering, since my vehicle has been sitting in the mechanic's lot for what seems a much longer than typical time(?), might he (also) have some responsibility for the damage done to my vehicle - perhaps along with some of the other questionable actions stated above?

 

[Zigner]

What is the name of your state (only U.S. law)? IL
The situation goes back to November of 2015 when I initially had my vehicle towed to the mechanic's shop. The estimate I was told was $1350 to replace the engine. It turned out to be $1887 plus another charge. Over the Winter I was able to put 230-240 miles on it - until the transmission went out on the highway in March. I bicycled to the shop and he stated he would have it towed "first thing in the morning". I waited until after 1:15 p.m. the next day and decided to try to drive it to my nearby storage garage - where I let it rest until September.
With some extra time on my hands, I called the mechanic again and after waiting 19-20 days, and numerous calls after his no-shows, he did come to pick it up.
First of all, my initial suspicion lies in his possible (unrequested) replacing of my good transmission with a dud one which lasted 230-240 miles. Second, it was towed to his shop in late September, and after repeated calls, he did get around to somewhat checking on it - in early December. While sitting at his lot in early December, it was struck by another vehicle. The insurance company of the driver has been stating that they may not be paying me any $ since there were three vehicles that were hit. They have been past due of informing me of where things stand.
I have been wondering, since my vehicle has been sitting in the mechanic's lot for what seems a much longer than typical time(?), might he (also) have some responsibility for the damage done to my vehicle - perhaps along with some of the other questionable actions stated above?

If you had to replace your engine, it's likely that your vehicle was relatively high mileage. It's not out of the realm of possibility that your transmission was also on its last legs. In fact, I would call it likely. You have no evidence to even suggest that the mechanic swapped your transmission for another one.

As to the damage caused by another vehicle...what did the shop do wrong by having the vehicle on your lot? (It's a rhetorical question meant to help you understand that they aren't liable.)

 

[Cinderfellla]

If you had to replace your engine, it's likely that your vehicle was relatively high mileage. It's not out of the realm of possibility that your transmission was also on its last legs. In fact, I would call it likely. You have no evidence to even suggest that the mechanic swapped your transmission for another one.

As to the damage caused by another vehicle...what did the shop do wrong by having the vehicle on your lot? (It's a rhetorical question meant to help you understand that they aren't liable.)

I could be mistakin', but it seems to me that more than two months is an unreasonably long time for a vehicle to be waiting for testing. From this mechanic's attitude of what appears to me to be that of apathy and procrastination, I believe I have reason to at least suspect he may have been acting perhaps from some sort of prejudice/discrimination(?) (Not to mention, ingratitude.) Probably can't sue someone for being an ingrate, but it does perhaps play a factor in having an understanding of his character.

 

[Zigner]

I could be mistakin', but it seems to me that more than two months is an unreasonably long time for a vehicle to be waiting for testing.

I agree...I would have pulled the car out after a couple of weeks. But that doesn't change the fact that the shop isn't liable for the damage caused by the other driver.

 

[quincy]

What is the name of your state (only U.S. law)? IL
... I have been wondering, since my vehicle has been sitting in the mechanic's lot for what seems a much longer than typical time(?), might he (also) have some responsibility for the damage done to my vehicle - perhaps along with some of the other questionable actions stated above?

Following is a link to a FreeAdvice Staff-written article 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

The article tells you when, and when not, an auto shop could be held liable for damages that occur to a vehicle while under the auto shop's care.

 

[Cinderfellla]

The situation has been in a rather worrisome condition lately. My phone was lost/stolen on the 28th so I decided to send a letter to the mechanic, stating that if for some reason he might need to contact me, he has my box #. My worry is that the van has still been at his lot. Although I was initially informed/led to believe that the insurance company would (probably?) deal with taking it away, I have received no notice of what the real status of things are. Although I have been waiting for less that a week for a postal reply, I worry that this (imo) suspicious mechanic may want to pull some trick by trying to charge me for the time it has been on his lot. Would he have some right to attempt such a scheme? I have signed nothing with him since the van was hauled there in September. Also of suspicion is that the van was hit on both sides(!) yet was supposedly hit by only one vehicle.
Advice? Suggestions?