If my car is at an auto body since an accident and it has been repaired but still is still there because of a dispute over money between the shop and my insurer, can I legally go get it?

It has been there for over a month.

Asked on July 29, 2014 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you can't simply go and get it: the shop has a right to hold onto the car if they are not paid. To get your car, you must (1) pay what they want; or (2) work out some mutually agreeable payment with them; or (3) take them to court and get a judge to rule either that they have to return the car to you or at least to determine an amount which you should pay--and then pay that amount. Given the cost of a legal action, and that it can take months to resolve, you probably best off either paying or negotiating.


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