Good Morning, .
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.
The delay by them has nothing to do with the excess that you have to pay. When you were given the courtesy car you should have signed a document and it should have set out that if you have an accident the excess will be $3,500.00.
You cannot blame them for the accident unfortunately. I you did not sign anything then you can argue that they did not tell you and you have not agreed to this amount.
In relation to holding your car, they can only do that if you have given them the right to do so. If not then you have a right to get it back and you can sue them for your car.
They can only hold a lien on it if it is in the agreement and only for the cost of repairing it. Not for the excess.
If they have been paid for the repairs to your car then you are entitled to get it back and they cannot refuse to give it to you.
The police will not get involved and you will have to sue them for this and any losses you suffer as a result of them refusing to give you back the car.
I hope this makes sense and is of assistance. If there is nothing further
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If I have missed anything, or you have any further questions please let me know
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