Legal Question in Consumer Law in California

I dropped my car off to the mechanic to take a look at it and quote me a repair cost. Mechanic did not look at it for two weeks, at which point I called and told him to not look at it, and that I would come and get it. First chance I get (two weeks after that), I go to get it, and I find out it has been towed by the property manager because of where he parked it (even though there is no sign there that says no parking). Mechanic was in possession of the car keys this entire time, and so technically never handed possession of the car back over to me. Now the tow yard wants over $500.00 to retrieve the car and the mechanic refuses to pay for it. Do I have a legal recourse?


Asked on 7/27/10, 8:57 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

First, you need to get your car as the storage fees keep increasing. You need to find out when and why it was towed and speak to whomever requested it be towed to find out all the circumstances.

The mechanic is at fault for not telling you you had to pick the car up and/or for parking it in a place where it might be towed. You, however, were unreasonable in taking two weeks to pick up the car. You might as well file a Small Claims Court suit if you can avoid losing time from work, but the particular facts will influence whether liability is found and how much comparative negligence is involved. You want to try to cast it as a breach of contract case and not negligence to try to avoid the comparative negligence issue.

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Answered on 8/01/10, 10:25 pm


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