Is it fraud if a mechanic files a lien without a signed contract from the owner granting permission to do work?

Question

In Aug 08, my vehicle was vandalized. After informing the insurance company, they had the car towed to their mechanic. It took them 2 months to tell me they would not cover the claim. The mechanic called me on the same day asking when I would be picking up my vehicle. I told him I would have the car towed to a friends garage because I could not afford the repairs at that time. He said he had already did the repairs and all I needed to do was bring him the money ($3000 for a windshield and a hood). When I told him I didn't have the money and questioned why he repaired the car in the first place, he replied that he made a mistake. He said he assumed the insurance company would cover the damages because they usually do and since they aren't that It was my responsibility. I never agreed on any work to be done, I never saw an estimate or invoice, I never signed a contract authorizing him to do work, this was the very first time I had ever spoke to him. He says that since he screwed up and did the repairs without first waiting to hear from the insurance company that I owed him for his parts and his labor and if I didn't pay him he would remove his parts and return the car to the condition it was in when it first arrived at his shop via the insurance company. I told him that would be fine and I'll just come get it. He then said I would have to pay him $3000 for storage so either way he was going to get "his" money. Now he has a lien on the car and is threatning to sell it if I don't pay him an unreasonable amount of money. Can he do this? What are my rights based on Illinois law in this situation. I am on a fixed income and can't afford an attorney. I even offered to pay him $1500 and he declined stating that "at the present time he only had $300 in his pocket and his family had to eat! " He wants $3000 for a new windshield and hood for a car that's only bluebooked at $4500! Please advise. Thanks

Anonymous · Accepted Answer

He can file a mechanics lien, and you are entitled to appeal the lean with the State. 

But, he must return the car to your possession. If its repaired, and damaged again while in his care, he is responsible for that damage. You could ask your insurance to sue him for the cost of another shop repairing the additional damage, or sue him for the costs plus. I don't know what the financial limits are for small claims in IL. 

You could also file a complaint with the agency that regulates automobile repair in Illinois.

rickinnocal · Answer

It's not fraud, no - he is seeking payment for work that he performed. It would be fraud if he was trying to enforce payment for work that he DIDN'T do.

However, it's still not legal. He is almost certainly violating IL law on both auto repair and mechanics liens. 

Do you have the car? If he has it, then my advise would be to sue him in small claims court for the blue-book value.

Richard

Anonymous · Answer

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cantcu · Answer

He can't repair your car without permission. I am not sure he can charge you for storage either as the Insurance company had it towed there.

Why wasn't it covered? It should have been.

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Is it fraud if a mechanic files a lien without a signed contract from the owner granting permission to do work?

4 Answers