****car totaled at repair shop****

Discussion in 'Auto Insurance Forum' started by Asad1012, Jan 6, 2017.

  1. Asad1012
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    Asad1012 New Member

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    I bought a 2005 s2000 in September and took it to a repair shop to get the engine looked at. The owner said it needs to be rebuilt and started the whole process. Three months later, while the car was sitting outside the repair shop without an engine, the car was broken into and insurance claimed it is a total loss.
    The shop owner was reluctant to call his insurance after the incident. The shop owner did not give me any form of an estimate or anything in writing. I did not sign anything as well. Throughout the three months, I never really got any breakdown on costs...all I knew is that the repair might be Around $5k.

    At this time, Geico wants to take the car WITHOUT the engine but, the shop owner is stating that he has put a mechanic's lien on the car. I have spoken to a few attorney's and they keep saying that insurance should take the car because a mechanic's lien is only valid if the work was completed, which is was definitely not.

    Any advice on how I can get my car back?
     
  2. VolAgent
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    VolAgent Guru

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    I'd forget about the car and hope you can get a check.

    Geico is almost certainly going to subrogate against the garage's insurance, which I hope he had for his sake. Which means they will go after his insurance and try to get them to pay for the car and other costs. If he keeps insisting he has a mechanic's lein, then it will turn into a fight and you may not get possession of the car for some time. Even then, it sounds like it will still be missing an engine.

    And yes, you should eventually be getting a check. The question is when and who will be cutting it.
     
  3. goillini52
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    goillini52 Guru

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    And what good would that do?:twitchy:
     
  4. xrac
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    xrac Guru

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    Get the check from the insurance company and let them fight with the garage over the car. In Indiana the mechanics lien with the car in the garage's possession trumps all other hands. However, the garage may have liability for the break in. That would probably be something either taken to small claims or settled between the insurance companies if he has such.
     

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