Legal Question in Civil Litigation in Illinois

my mechanic was taking weeks at a time to fix my car so he gave me one to use. While at work one day the car was stolen from where I parked it and my mechanic won't give me back my car unless I pay him $1800. He didn't have insurance and the street where I parked his car was a place I parked mine numerous times, plus others with more expensive cars park theirs in the same place just about everyday. Is he in the right for holding me accountable for someone stealing the car and if we were to go to court would he have any chance of winning?


Asked on 4/30/14, 3:19 pm

1 Answer from Attorneys

Elfreda Dockery Law Office of Elfreda Dockery

If you and your mechanic are not able to resolve this on your own, the only way to resolve this is in court. You voluntarily took your mechanic's car. When you took the car, you took it with the understanding that you will keep the car and use due care. Although you did not steal the car, it was in your possession when it was taken. As for the value of the car, how did the value of $1800 come about? Is that the value of the car and if so, how was the valuation determined. As for your car, do you have a receipt or estimate of repair from your mechanic showing you gave him your care to repair it? You stated that your mechanic did not have insurance. Could your use of your mechanic's car be considered a rental? Do you have insurance and does your insurance provide coverage for a rental that is stolen while in your possession? As stated earlier, you and your mechanic need to work this out. If not, then the only way to resolve this matter is in court.

If you want to discuss further, I can be reached at 312-372-5600.

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Answered on 4/30/14, 4:15 pm


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