Need advice please, unlawful use of vehicle?

Question

Our car was taken to a garage for an estimate only, owner took car out, determined everything that was wrong, especially the brakes. 1-2 days after giving us the estimate, his 17 yr. old employee totals our truck and wrecks into 3 other cars in the process. The seats in back of my truck were flat down like they were hauling something with my truck, he told cops he was just moving our truck off the lot in order to move other vehicles around, but the accident happened several blocks away and he was coming for the other direction. Cop said I probably couldn't get him for unlawful use of vehicle because he was test driving it, the guy keeps changing his story. Guy tolds me accident happened a block and a half away, which was also a lie, and get this, they guy drives our totalled truck back to the service station, then charges us $250 in storage fees for keeping the truck there that HE totalled. In short, do you think I could nail him on unlawful use? would that cost me anything to do?

Thanks, his ins. company is already paying us the value of our truck, but this guy is ignorant, smug, and I didn't get a single word of apology. Cops said this isn't the first time something like this happened there either, so I pretty much want to cause him as much trouble as possible, he's not having to go through all the hassle I have because of this, I started a second job, really needed a rental, his ins. co. didn't even call to tell me when it was ready, I had to call them eventually, and they were like, oh, we were wondering why noone picked it up this past Saturday, I was flabbergasted, it's like you have to be telepathic with these people or something. I was his buisiness to suffer, because if there happened to be a guy in a mororsycle or a kid on a bike someone would easily have been killed, I just want to wipe the stupid grin off this guys face, hate to sound this way, but I'm getting sick over the fact the this has happened before and noones done anything about it.

No, I did not pay the $250

Answer 1

Why is a 17 year old driving the car? I would think you would want the one who is fixing your car to do the "test drive". Which would mean a 17 year old was "fixing" your car! This isn't shop class! I would definitely sue, you could probably do small claims depending on how much the truck is worth. Sounds like the owner of the garage is all about bad business! Good luck, Hon!

Answer 2

I AM NOT A LAWYER! LOL! But I will give you my opinion!
Well, it depends on what you want to spend as far as money & time. I totally agree with you & the principal of this situation, but the fact remains you will spend time & money to get an attorney to fight this legal battle of which you will probably get only what you are already getting.....your vehicles value & maybe some lost time & wages, pain & suffering, etc. It does sound like he needs his liscense to do business inspected,and revoked in which case I would suggest you report this incident to the state where this took place (considering he is licensed in that state) and I dont mean the BBB or anything like that I mean the state, county and/or city lisencing department try to get documentation of the prior issues (the officer spoke of, you can probably see if there are police reports or insurance claims with the business name or business owners name) and maybe, just maybe you can make sure this does not happen to anyone else. You can write letters to the newspaper etc. Then if you do get justice in that aspect, you can possibly spur and investigation into the other incidences and possibly initiate a class action lawsuit...in which case you may get some monetary compensation. Yeah that is what I would do. Stand up for what you believe in & fight for whats right. GOOD LUCK!

Answer 3

The scenario you described does not constitute unlawful use. When you left it at the shop with the keys you gave them permission to operate it. Either the driver's (17-year old) liability insurance will have to cover damages or the shop owner's commercial insurance policy will have to cover the damage. As for the $250 in storage fees it sounds like he's trying to cover a $250 deductible he'll have to pay for his employee's mishap. I hope you did not pay the $250 in storage fees.

If you already paid the storage fee you are going to have to take him to small claims court to recoup the money. It will cost you time and a filing fee. You can contact your local county clerk's office to find out what the filing fee is. In Houston, TX it is around $65.00.

Answer 4

You could TRY (anyone can try to sue anyone for anything). BUT when you drop your car off, doesn't the mechanic have a right to drive your car? How can they determine what's wrong with it if they don't? I know you aren't getting the whole truth but still.....you know the court is probably going to look at it that way. As far as cost -- call your clerk's office and find out what division a suit for such and such amount of money would cost (it varies - small claims and up). Ask them how you can get a form to file it, etc.

Answer 5

You need to speak with an attorney in your area. Your vehicle was being used without your knowledge or approval and as such, they are responsible to replace and pay damages arising from the unauthorized use. Won't cost you nothing, lawyer will take a percentage. Good luck.

Answer 6

I would definitely go for some sort of criminal charges and file a civil suit against the business for damages. It is fairly obvious from your story, what happened.

My advice is to FORCE this to a civil jury trial (always do this) and there is a significant chance that whatever you ask for you will get. The problem these days is that our government is trying to force us to let ONE PERSON (a judge) decide what happens in all legal instances. If you deny them this ability, you will win whatever you go after, within reason.

Feel free to contact me for details. I am quite familiar with the legal system and what they are trying to do to change it to a dictatorship style system.

ALWAYS FORCE A JURY TRIAL.

Answer 7

It is called a breach of trust in most states. And is a civil matter. However the company should have insurance that covers ALL the costs. Call your insurance company and let them deal with it. That is why you pay them so much.

Answer 8

you can definetly go after him in court. He had already test driven it once and if he did not make make the repairs before test driving it again then he is liable since he knew it was unsafe to drive. I would contact a lawyer.

Answer 9

Sounds like you should sue him. I don't know if it can be proven that he was using it unlawfully and you could possibly lose your case which would mean you'd lose money, but if I were you I'd go for it.

Answer 10

Absolutely and if you didn't sign anything authorizing him to test drive then its his ****! You need an attorney! You will get paid and they will pay it through their property liability clause.