Advice needed regarding insurance claim

Car_54

maddogb wrote: »

I am sure there would be many people would like to know the reality and legality of this situation.
I did come across something similar but it was about 30years ago.
Can't see how the garage can legally get away with this, surely any form of self help/vigilantism is frowned upon in law.
The correct thing to do in my mind is for them to release the car and sue for any money owed.

The law hasn't changed, and it's on the garage's side.

After all, the customer is withholding the garage's money: why shouldn't the garage withhold the car?

Silver-Surfer_2

maddogb wrote: »

I am sure there would be many people would like to know the reality and legality of this situation.
I did come across something similar but it was about 30years ago.
Can't see how the garage can legally get away with this, surely any form of self help/vigilantism is frowned upon in law.
The correct thing to do in my mind is for them to release the car and sue for any money owed.

The correct thing to do when you employ someone to carry out a service is to pay them once the service is completed.

marlot

maddogb wrote: »

I am sure there would be many people would like to know the reality and legality of this situation.
I did come across something similar but it was about 30years ago.
Can't see how the garage can legally get away with this, surely any form of self help/vigilantism is frowned upon in law.
The correct thing to do in my mind is for them to release the car and sue for any money owed.

Lien is a common law right going back a long way. At least 100 years.

Given that the customer is saying they have no money, why give up something of value, which you are legally allowed to keep?

Lots of examples of the law applied. eg. http://www.lawgistics.co.uk/legal-article-business-law/motor-trade-advice/liens-abandoned-vehicles

Brooker_Dave

All depends on T&Cs presented to car owner on dropping off car, garage can't just keep it, and if it's on finance it will get snatched back regardless of any outstanding bills, reality is that for a garage to end up with a car, it takes at least 6 months, and possibly the need for a court order.

If matey has not signed off the repair, the bodyshop won't have been paid anything, so OP's son has a good deal of leverage.

marlot

Brooker_Dave wrote: »

All depends on T&Cs presented to car owner on dropping off car...

OP said "but instead he's now told them to just go ahead and sell the car".

He may have signed it over already.

caliew

Who initiated and is paying for the work initially, did the underwriters appoint the garage or did the policyholder appoint the garage? If the underwriters then maybe and I am saying maybe can get involved, I cannot guarantee it because I expect the underwriters will not want their claims process to come out with faulty workmanship, also I concur with user marlot check out the law guide attached.

maddogb

Silver-Surfer wrote: »

The correct thing to do when you employ someone to carry out a service is to pay them once the service is completed.

haven't you heard the cliche "two wrongs don't make a right"?

maddogb

marlot wrote: »

Lien is a common law right going back a long way. At least 100 years.

Given that the customer is saying they have no money, why give up something of value, which you are legally allowed to keep?

Lots of examples of the law applied. eg. http://www.lawgistics.co.uk/legal-article-business-law/motor-trade-advice/liens-abandoned-vehicles

a trade article is not really definitive, lots of people especially trade bodies interpret laws how it suits them.
As for storage charges, well surely it is defined in the duty of a bailee and shouldn't be recoverable at all unless previously agreed.