Vehicle towed in mechanics possession

[Mattwg]

State: Colorado

I had a vehicle towed from my home to a mechanics. The vehicle was left in the parking lot by the tow truck driver, and the mechanic acknowledges that it was possible to drive the car onto his businesses property (rather than the parking lot.) There was no documentation, only a verbal agreement. Months passed by, and several inquiries were made to the mechanic regarding the vehicles progress (or complete lack there of.) The landowners of the mechanics parking lot had the car towed, and I was not notified until weeks afterward. The mechanic responded to every call that he would take care of it and get the vehicle back, which he did not do, and the vehicle was recently sold by the towing company.

Does the simple, verbal agreement that the mechanic would actually move the car into business and even begin working on it constitute a bailment? Would suing the mechanic for the value of the vehicle be feasible?

Thanks for your time,

- Matt

 

[I AM ALWAYS LIABLE]

My response:

What was the approximate date when you found out your vehicle was towed?

What was the approximate date when you found out where your vehicle was located?

What was the approximate date when you found out that your vehicle was lien sold?

IAAL

 

[Mattwg]

To correct myself, I was informed that the vehicle was towed very soon after it was (approx. 30 days ago,) and knew where it was located. The vehicle was sold a few days ago.

 

[I AM ALWAYS LIABLE]

"To correct myself, I was informed that the vehicle was towed very soon after it was (approx. 30 days ago,) and knew where it was located. The vehicle was sold a few days ago."

==================================


My response:

Then, the mechanic is only liable for the towing and storage charges only - - not for what later happened to your car.

You knew where it was for up to 30 day! You had a duty to "mitigate" your damages; i.e., to bail out your car BEFORE it could be lien sold. However, you failed to do so for some unknown reason - - and not having the money is not a reason.

So, now you're stuck, and can only recover the amount of money mentioned above from the mechanic.

Sorry, but you're out of luck.

IAAL