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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111605
Experience:  Attorney experienced in commercial litigation.
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In Bloomington, Indiana, I had a car in the shop transmission

Customer Question

In Bloomington, Indiana, I had a car in the shop for a transmission diagnosis. When the shop provided an estimate of repairs, I was told that there was no rush in getting it towed out. A matter of weeks later, I had not heard from the shop regarding any indication of impound, and had just obtained a new phone number, which I called and left with the shop. With in days the car had been impounded with no contact made to between the shop and myself, as I was awaiting their call. This had happened April 17th, and I was made aware of the impound on June 1. After calling the shop, I was told I had been called several times on my new number regarding the impound, and this had not happened. I never received a call from the shop warning of the impound. On June 1, I called the wrecker service to see what the cost of retrieval of the care would be, and it had reached nearly $2000. The wrecker service where the car is impounded had also mentioned to me that the Catalytic Converter had been removed before the car reached them. I called the shop again, and they confirmed that this was the case. When I asked what had happened, they said they didn't know, that it must have been a theft. The mechanic stated that he had looked through hours of footage and saw nothing suspicious, but nonetheless, the catalytic is now missing. Given the cost of this repair of the missing catalytic converter (1000-2000), the lack of communication from the shop in order to retrieve the car from the lot before impound would occur (which should have happened before the actual tow on Apr. 17th), is there any legal recourse I can take to remedy what was lost in what is becoming a very expensive (time-wise and financially) endeavor to simply get the car back to it's original condition before taking it to the shop (i.e., the Catalytic Converter, which may or may not have been reported stolen from their lot on their behalf, and the excessively expensive impound?) I have worked out a cash amount to pay that is substantially less in regards ***** ***** the car, but the cost of repairs has nearly doubled since it was brought in. No work had been performed on this car whatsoever.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the car did not have such damage when the car was brought in, such as the converter, they are liable to you for that damage. Also, if you brought the car to them for repairs and they did not get the vehicle in a reasonable time to make the repairs, then they are liable for the excessive impound costs as well.
The shop is liable to return the car to you in your original condition and if they fail to do so you can sue them for the costs of the damages.