VIC Car Insurance - Smash Repair Shop Rights?

[tam jan lim]

My car has been repaired under a comprehensive car insurance claim. the smash repair shop demands I pay him money which I have refuse and he has refused to give me back my car he had repaired. Has he the right to retain my car?

I note he has had the Insurance assessor approval to carry out the work. I have asked him to provide me a written record of what work was carried out and parts replaced and he has refused.

 

[Sophea]

If this is through your insurer I would speak with your insurer about whether they will pay the mechanic directly or whether you are to pay and they will reimburse you. Usually I think they would pay the mechanic directly.

Someone has to pay the mechanic and yes he has the right to retain your vehicle until you pay him - its called a "mechanic's lien". So it is for you to sort out with the insurance company who has to pay the mechanic directly.

 

[tam jan lim]

Please advise whether I have the right to know exactly what has been approved to be done and if not done what can I do about it. I suspect the smash repair shop has tried a fast one and not replaced parts as approved by the Insurance Adjuster?

 

[Sophea]

I assume you do, however I am not aware of the specific source of such a right if it exists.