Legal Question in Consumer Law in Missouri
Auto repairs before the accident
I took my car to mechanic for minor repairs ($300). While mechanic test drove the car to see if the repairs had corrected the problem, he got in a car accident and totalled my car. I negotiated with mechanics insurance company for the book value of the car but retained titled. When I went to get my car with a tow truck as it currently undriveable, the mechanic refused to give me my car unless I paid him for the minor repairs he had done prior to the accident. I refused as my car is wrecked and I don't know what it might take to get the car running again if at all. Do I owe him for the repairs? Is it legal for him to keep my car?
1 Answer from Attorneys
Re: Auto repairs before the accident
He probably has a mechanic's lien. However, before I can answer your question, I would need to know what the release you signed for the insurance check said. If the release said both parties released their claims, then you can go get your car. If not, then he probably has a mechanic's lien. Here's the question: why do you want your car. Why not let him exercise his mechanic's lien and keep your car if it's totalled?
Keep in mind that if there is any area of negligence that he can charge you with (did you forget to tell him something about your car, and did that lead to the accident?) then he can sue you for negligence if he was hurt in the accident.
This is one reason to have an attorney look over settlement paperwork before you settle. But feel free to call me at 888-717-7575 if I can be of help. Our ofice is in Jefferson City.
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