Shady auto shop taking too long for repairs

[Meel]

I was in a car accident which was the other guy's fault. Long story short, before leaving the shop, the guy tricked me into signing this form which included a sentence for authorization to perform repair. Then we decided to move the car to a shop closer to my home. But the auto shop guy refused to release it, saying I had signed the document and he had "already begun the work and ordered parts", when he most likely hadn't.

That was about 2 months ago, and ever since, there has been little progress in the car repair with the guy constantly saying "we are waiting for parts". My insurance co car adjuster has gone several times to follow-up, but the auto guy often refuses to let him see the car and makes demands like wanting my insurance company to pay for the repairs as they happen (my insurance company refused).

Of note is that the car is registered to my brother, not myself, so I don't know whether my signature meant anything. The body shop guy has since called my brother asking for his signature, but he refused. My insurance co. suggested getting a lawyer involved.

I need to get the car out of there and get it fixed asap. What kind of legal ground do I have to stand on? Is my signature enough (I'm not the owner of the car) for the guy to just take as long as he wants on the repair (he charges a daily storage fee)?

 

[mightymoose]

It is your car. You can take it at any time. However, you will have to pay for any work performed so far. The shop might try to bill you for parts ordered, however parts can be returned If it gets down to it, pay for the parts and keep them... you are likely going to need them anyway, and it will be one less thing the other shop has to bill you for.
You signed an authorization to do the work, but you can rescind that. Inform the shop to take no further action, in writing, and take possession of your car immediately. If they argue that you owe them and must pay something then they can sue you for it. They have no right to keep you from your property.

 

[fredrikklaw]

Injunctive Relief!

It sounds like you drew the short straw and landed the body-shop from hell and I am sure it must be a nightmare dealing with such two-bit con merchants.

You are of course well in the right to demand the return of your car and the shop does not have a legal leg to stand on as far as making a claim for payments of such and thus for works performed on the car to date because they have done absolutely nothing and the period of time that has lapsed will be considered by courts to be absolutely unreasonable. But there is one bigger problem in the works for you and that is the body shop's privilege (laughable and ridiculous as it may sound) of placing a mechanic's lien on the vehicle and refuse to release the car until some manner of payment is received by them for the all the phantom work performed.

You can retain an attorney and go after them and based on the information you have given, you will most likely prevail. But it is going to cost you an arm and a leg and it will be months before the matter is resolved. But there is another option which you may want to consider, which will yield speedy result and will have the effect of a kick in the body shop's teeth and is considerably less costly. But whether you go the long way or the short way, you will be compensated for all legal fees by the losing party.

Anyways, the speedy avenue you may want to consider is obtaining a Mandatory Injunction, which is a court issued writ directing the defendant to perform the task prayed for in the complaint and your situation meets the writ's requirement. More often than not, the mere filing of the complaint is enough to bring the most crooked to their senses and force them to play the proverbial ball.

fredrikklaw