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

[servantofone]

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

So my friend has a problem with a mechanic. He dropped off his car to have repairs done. In turn the mechanic was kind enough to loan my friend his wife's car for the day. Unfortunately, while the loaned vehicle was parked outside of my friend's apartment, it was stolen.

My friend offered to give the Mechanic a $500 check to help toward replacing the stolen vehicle, and then make payments on the remainder of the value. The mechanic wants him to pay $2,000 total, although the Kelly Blue Book private party value is around $1,200. My friend does not have this kind of money up front; and so the mechanic is refusing to release my friend's car and as we understand, his wife is now using it as transportation.

After a few days, the mechanic finally agreed to allow him to make payments toward the stolen car, but only if my friend signs a document stating that he will pay $2,000. He also wants to put a lien on my friend's car before giving it back.

I'm quite positive that this cannot be legal, but it is complicated by the fact that he legally came into possession of my friend's car as a mechanic. When he called the police, he was told this is a civil matter.

It seems that Texas only allows you to go to small claims court to demand money. My friend doesn't have the money to pay for a lawyer, and it seems it may be more costly than just paying the mechanic what he demands. Is there any possible recourse in small claims court?

Any advice is appreciated. This is just an unfortunate series of events which doesn't seem to get any better.

 

[Ohiogal]

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

So my friend has a problem with a mechanic. He dropped off his car to have repairs done. In turn the mechanic was kind enough to loan my friend his wife's car for the day. Unfortunately, while the loaned vehicle was parked outside of my friend's apartment, it was stolen.

My friend offered to give the Mechanic a $500 check to help toward replacing the stolen vehicle, and then make payments on the remainder of the value. The mechanic wants him to pay $2,000 total, although the Kelly Blue Book private party value is around $1,200. My friend does not have this kind of money up front; and so the mechanic is refusing to release my friend's car and as we understand, his wife is now using it as transportation.

After a few days, the mechanic finally agreed to allow him to make payments toward the stolen car, but only if my friend signs a document stating that he will pay $2,000. He also wants to put a lien on my friend's car before giving it back.

I'm quite positive that this cannot be legal, but it is complicated by the fact that he legally came into possession of my friend's car as a mechanic. When he called the police, he was told this is a civil matter.

It seems that Texas only allows you to go to small claims court to demand money. My friend doesn't have the money to pay for a lawyer, and it seems it may be more costly than just paying the mechanic what he demands. Is there any possible recourse in small claims court?

Any advice is appreciated. This is just an unfortunate series of events which doesn't seem to get any better.

So did your friend have insurance? If so, he should turn it into his insurance.

 

[servantofone]

So did your friend have insurance? If so, he should turn it into his insurance.

Both parties have liability only. The mechanic's stolen car was not covered for theft.

Thanks for responding so quickly!

 

[Ohiogal]

Both parties have liability only. The mechanic's stolen car was not covered for theft.

Thanks for responding so quickly!

He should see if this would be covered. Did he report it to the police?

 

[servantofone]

He should see if this would be covered. Did he report it to the police?

It was reported to the police the day of the event. The mechanic drove to the scene of the crime as well because the police department requested that the vehicle owner be present to report it. The mechanic told the police he had liability only and is not covered for theft.

My friend also confirmed that he is not covered for theft.

We cannot confirm in the case of the Mechanic, so I suppose we just have to take his word for it.

The car is almost 20 years old, so it doesn't seem unusual to carry only liability.

 

[OHRoadwarrior]

It seems unusual a 20 year old car could be stolen so easily. Were the keys left in it?

 

[servantofone]

It seems unusual a 20 year old car could be stolen so easily. Were the keys left in it?

I'm not sure I follow where you are going. I'm not sure how difficult it was to steal the car; although I'd assume that cars made in the mid 90's would be easier to steal due to the lack of electronic security.

My friend still has the keys in his possession, so they were not left in the car. We live in a large city in Texas, and this isn't the first person I have known who has been a victim of auto theft. Hopefully they recover the car, and we may be able to move past all of this.

 

[TigerD]

It seems unusual a 20 year old car could be stolen so easily. Were the keys left in it?

A 20 year old car would take about 8-9 seconds to steal. The question is: Why would anybody want to?

DC

 

[swalsh411]

A 20 year old car would take about 8-9 seconds to steal. The question is: Why would anybody want to?

DC

to avoid bus/cab fare.

 

[OHRoadwarrior]

Bottom line...

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

 

[servantofone]

Bottom line...

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

He didn't sign anything, and he isn't saying he won't pay for the stolen car. Just seems shady that this mechanic is refusing to give my friend's car back until he signs a document saying he will overpay for this old car.

There aren't any winners here. I just hope they catch this no good thief.

 

[Mass_Shyster]

I suggest your friend contact an attorney.

So far, I haven't seen any good advice given here that will help him protect himself, and I haven't seen anything that will make him liable for the actions of the car thief.

 

[servantofone]

I suggest your friend contact an attorney.

So far, I haven't seen any good advice given here that will help him protect himself, and I haven't seen anything that will make him liable for the actions of the car thief.

Thanks Steve. We've been looking for an attorney, but we are having a hard time finding someone.

Today, he tried one more time to get the car, but the mechanic refused to take a payment. He then said he would be suing my friend and to leave his property. He also told him that the repairs are now $1,400 instead of the original $280 quoted for the work.

I think he's trying to set it up so he can put a mechanic's lien on the car. The Texas Attorney General website says that the best thing to do in the instance of a dishonest mechanic is to pay the amount in full, and then sue to get the difference back.

Unfortunately, without more money, the options seems limited so far. Very frustrating to see this happen.

 

[OHRoadwarrior]

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

 

[justalayman]

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.