Garage will not give back my car unless i pay 40% of the scrap value. help?

UK answer as you have asked on the UK site. If the car has been written off then it now belongs to the insurance company since the insurance have settled it is NOT your car anymore. If you want it back then you should be speaking to the insurance company to see how much they are willing to sell it you for.

Assuming you are in the UK Contact Trading Standards and Consumer Direct who will be able to advise you. Consumer Direct call 08454 04 05 05 Mon - Fri 9am to 5pm

Sorry for the crash and you current situation. But you need to include where in the world you reside. OK? If you are having this issue anywhere on the planet there are laws that apply to each case. I find this rather strange as normally this falls into the arms of an insurance company. Were you not insured? In any case, what you need is legal advise. Do consult with a lawyer to check about your rights vs. this garage concerning this case. Best wishes.

It's NOT "YOUR" car though, your insurance has paid you out if it's written on, so it's THEIR car and they are more than permitted to keep the car.

Here (California) the usual thing is that once your car is declared totaled, it belongs to the insurance company, not you. The insurance company pays you what they think was the market value of the car prior to the wreck.

yes in the uk. your not being scammed. its not your car, your getting your write off payout, so the car is theirs now. although some insurance companies sell it back to you if you want it, as you said they wanted 40%.