Mechanic Stole Radio

[huebert]

What is the name of your state? Georgia

Yesterday, my car broke down, so I called for a tow truck. The mechanic took a long time to get to my location but was nice. He towed my car to his shop and said he'd make a quote on repairs and take payment the next day. It was stored overnight, inside a gated lot.

Today, the mechanic called with a quote. I declined and decided to have another tow truck take my car to my house. The mechanic did not object, so I stopped by and paid him for towing my car.

I called for another tow truck, but the guy said he'd call me back for a location and directions. I had a class, so I could not communicate with either the mechanic or the tow truck. As a result, the tow truck took too long. The mechanic got angry and, after awhile, couldn't wait any longer. He threatened to leave my car outside his gates, but I agreed, since I had another set of keys. He said he would lock my doors and leave my keys inside.

I lead the tow truck to my house and inspected my car. Everything looked fine except that my keys were not in my car, and my radio head unit was missing. I was with a friend when my car broke down, so she can verify that the radio was in the car before the mechanic had my car.

I plan on calling the mechanic about my keys and then confronting him about my head unit. What do I do if he denies it? What other options do I have?

 

[SHORTY LONG]

You did not say whither or not you paid the first mechanic and towing charges. If not, they
may or may not be withholding until you do pay them!

 

[huebert]

When I told the first mechanic that I would get another tow truck, he agreed, so I paid him for the towing he did.

 

[dcatz]

I plan on calling the mechanic about my keys and then confronting him about my head unit. What do I do if he denies it? What other options do I have?

Learn from the experience (?). Hope you’re up to whatever “confront” means (?).

You created a bailment, paid the bailee and agreed to the disposition of your property in your absence.

If the car was outside the gates and the doors were locked, unless you can prove that the mechanic was responsible for the keys and the radio (and that sounds like a steep, uphill battle), it’s a rhetorical question. What are your options?
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I was writing while Curt581 was posting. In my opinion, he's correct - you assumed the risk.

 

[huebert]

I thought someone might say that. There was no forced entry into my car and the mechanic had the key. So, either he took it or left the door unlocked for someone to take it. If the latter, I would think he is still liable for his negligence.

 

[dcatz]

The implied questions were (1) was the car outside the gates and (2) were the doors locked? If so, the burden of proof is yours. If you think you can meet it, go for it.

 

[huebert]

I ask these questions to make sure I can handle a worst case scenario (i.e., the mechanic steals the radio and tries to deny it). Turns out you're right, Curt. I spoke with him today and he hid my key and radio too well for even me to find them. False alarm. Thank you all for your advice.

 

[dcatz]

Good God! Thanks for the common sense, Curt.
Gilda Radner is missed. Who knew that “Emily Latella” was posting? “Oh. That’s very different. Never mind.”