Loaner Car from Mechanic Stolen so Mechanic Refuses to Release Customer's Car

[single317dad]

Your friend should review this information from the TX Attorney General while he continues his search for an attorney:

https://www.oag.state.tx.us/consumer/car_repair.shtml

 

[servantofone]

It is that entire responsibility for your actions thing that your "friend" is trying to get out of.

I disagree, and I'm not sure I appreciate the implication of putting "friend" in quotations.

Thankfully, although we haven't found a lawyer for my friend, it appears we can file this in small claims court and let a judge sort it out.

 

[servantofone]

If the value of the car is less than the cap on small claims, your friend should sue for the value of the car.

It is quite likely your friend will be sued for the value of the car that was lost while in his control.

the judge will settle it as to who is correct and who owes whom.

Small claims court is the path we are headed. To complicate things, after doing some digging, we have now found that neither the mechanic nor his wife appears to have owned this car. It seems to be in the name of a business partner or friend.

Thanks for the advice!

 

[servantofone]

So this is the summary:

1. The loaned car that was stolen was not insured for theft.
2. After researching the police report filed by the mechanic, he filled it out with a name other than his own. It now appears that the stolen car did not belong to the mechanic or his wife.
3. Attorneys in Texas, although unwilling to take the case, indicate that the law of bailment applies to this case. My friend is not responsible for the stolen vehicle, as he had no agreement with the mechanic and there was no negligence leading to the car being stolen.
4. The repairs on my friend's car are a separate issue. The Attorney General's website recommends paying whatever fees the mechanic demands, and then suing to receive money back for any unauthorized repairs.
5. My friend has attempted to pay for the repairs as agreed upon, but the mechanic will not take a payment. After telling my friend he would not accept payment, he told him that the invoice was now $1,400 instead of $280. He failed to provide an invoice for any amount.
6. Since he is unwilling to take a payment for the repairs or return the car, my friend is left with the option of suing in small claims court.
7. I'm going to help my friend draft up a demand letter, asking for the mechanic to return the car in the condition it was received, within 10 days or go to court.
8. My guess is, he is going to have to go to court to get the car back.
9. After all of this, my friend is still willing to help pay for the stolen car, but just wants it to be a fair amount.

Thanks everybody for your help. This was definitely a learning experience so far.

 

[single317dad]

3. My friend is not responsible for the stolen vehicle, as he had no agreement with the mechanic and there was no negligence leading to the car being stolen.

You may find that to be untrue. There was clearly an agreement of some sort; the question is whether the mechanic can prove there was an agreement, and that your friend didn't live up to his end.

7. I'm going to help my friend draft up a demand letter, asking for the mechanic to return the car in the condition it was received, within 10 days or go to court.

Be careful how many documents you help your friend draft. While the demand letter doesn't seem to violate the statute, unauthorized practice of law is a tricky subject and you'd do well to avoid it.

http://www.txuplc.org/Home/faq

 

[servantofone]

You may find that to be untrue. There was clearly an agreement of some sort; the question is whether the mechanic can prove there was an agreement, and that your friend didn't live up to his end.



Be careful how many documents you help your friend draft. While the demand letter doesn't seem to violate the statute, unauthorized practice of law is a tricky subject and you'd do well to avoid it.

http://www.txuplc.org/Home/faq

Thank you for both responses! And if my friend is held responsible for the car by a judge, he told me he doesn't have a problem with that. He thinks he'll get a fair deal if that's what it comes down to. All local attorneys we've spoken to however say that he would not be responsible.

I appreciate the warning on the demand letter piece. I'll steer clear of helping draft anything, and he was planning on filling out a legal form template online anyway.

 

[justalayman]

I don't see how he couldn't be liable for the car. In simplest terms: he borrowed a car from the mechanic. He is responsible to return one. Whether the car was owned by the mechanic, his wife, or the shop is not relevant as long as he has the authority to lend the car as he did. He would be liable to the owner based on whatever arangement they have bit that does not factor into your agreement with the mechanic

 

[Mass_Shyster]

I don't see how he couldn't be liable for the car.

Google "duty of bailee"

 

[justalayman]

Google "duty of bailee"

ya mean like this:

In contrast, a bailee for whose sole benefit property has been bailed must exercise extraordinary care for the property. The bailee can use the property only in the manner authorized by the terms of the bailment. The bailee is liable for all injuries to the property from failure to properly care for or use it.

http://www.yourlawprof.com/21f/law19/chp49out.htm

4. Presumption of Negligence
When the bailee has the property and damage occurs that normally results only from someone’s negligence, the bailee’s negligence is presumed. The bailee must prove that he or she was not at fault

as was stated, OP retained the key BUT did he lock the doors and roll up the windows? If car theft is somewhat common to the area, what did he do to ensure it would not be stolen? Did he park it in a nice secluded area of the parking lot where a car thief would be more likely to steal a car from?


then we have this:

Quote Originally Posted by OHRoadwarrior View Post
Bottom line...

Your friend borrowed the car, he returns it or pays for it. It appears to have been part of the repair contract.

OP posted:
He didn't sign anything,

that is very suggestive of the guy making a promise and the OP arguing; it isn't in writing so it isn't enforceable. Do you really think a guy is going to loan a car without some promise that the borrower is liable for any losses, regardless the cause?

while you are right about the basic obligation of the bailee, for some reason I do not think this situation is as simple as tossing that out as a defense.

 

[Mass_Shyster]

ya mean like this:



http://www.yourlawprof.com/21f/law19/chp49out.htm


as was stated, OP retained the key BUT did he lock the doors and roll up the windows? If car theft is somewhat common to the area, what did he do to ensure it would not be stolen? Did he park it in a nice secluded area of the parking lot where a car thief would be more likely to steal a car from?


then we have this:




that is very suggestive of the guy making a promise and the OP arguing; it isn't in writing so it isn't enforceable. Do you really think a guy is going to loan a car without some promise that the borrower is liable for any losses, regardless the cause?

while you are right about the basic obligation of the bailee, for some reason I do not think this situation is as simple as tossing that out as a defense.

Going by the facts supplied by OP, I would much rather represent the customer than the mechanic.

 

[justalayman]

Going by the facts supplied by OP, I would much rather represent the customer than the mechanic.

by the facts supplied, I would have to agree with you.


but knowing only what the OP provided, I wouldn't offer to take either.

 

[servantofone]

@justalayman: I have no reason to lie about the facts, as that would be counter productive to trying to help my friend. What good is anyone's advice here, if I give faulty information. Secondly, you seem to be skipping over a rather large fact here; my friend is still willing to pay for the stolen car. He isn't willing to overpay for it as the mechanic is demanding by refusing to return my friend's car.

When I say my friend didn't sign anything, I felt like that was a necessary fact in order to clarify what liability my friend had in borrowing the car. If a document was signed, that would be a pretty important piece of information to have in order to determine if he had to pay the mechanic twice the price for the stolen car.

 

[servantofone]

as was stated, OP retained the key BUT did he lock the doors and roll up the windows? If car theft is somewhat common to the area, what did he do to ensure it would not be stolen? Did he park it in a nice secluded area of the parking lot where a car thief would be more likely to steal a car from?

Windows up and doors locked.
Auto theft is definitely common in this area of the city. To add to it, the year and model of the car stolen ranks as one of the most stolen of all time.
He parked it in the parking lot in front of his apartment, where he normally parks his own car. Plenty of other cars around.
No extra precautions were taken to ensure the car was not stolen. He locked the car and went inside.

 

[servantofone]

Do you really think a guy is going to loan a car without some promise that the borrower is liable for any losses, regardless the cause?

Yes, I think it happens all the time actually. I think people, probably naively, don't think of these things until after they happen.

 

[justalayman]

servantofone;3235255]@justalayman: I have no reason to lie about the facts,

who said you lied? The possibilities I stated had nothing to do with what you stated but more of what you did or didn't do that could affect the outcome of a suit.

my friend is still willing to pay for the stolen car. He isn't willing to overpay for it as the mechanic is demanding by refusing to return my friend's car.

so, then he can either pay what is demanded or not. The other party can act as they see fit at that point.

When I say my friend didn't sign anything, I felt like that was a necessary fact in order to clarify what liability my friend had in borrowing the car. If a document was signed, that would be a pretty important piece of information to have in order to determine if he had to pay the mechanic twice the price for the stolen car.

you missed the point. A verbal/oral contract is just as binding as a written contract in most situations. The fact he didn't sign anything does not preclude the possibility of there being a contract.