Poor quality car repair in a bad car service

Useful information » Official clarifications on the issue of poor-quality car repairs Our team
Dmitry Dmitrievich MaksimovAdvocate. Work experience over 25 years Zimina Maria KirillovnaAdvocate. Work experience more than 15 years Eremin Vladimir TimofeevichAdvocate. More than 10 years of experience

Did you go to a bad car service? Did you receive poor quality repairs? You can recover compensation from the service station in the amount of damage caused. To do this, you need to know where to go and in what order.

The Society for the Protection of Consumer Rights "Legal Supervision" provides free assistance on all issues of poor-quality car repairs. Hotline

What to do if you contact a low-quality car service

In case of poor-quality repair of a car by service station employees, the customer has the right to demand compensation for the damage received, in the form of free repairs or a refund. You can receive compensation in three ways:

File a complaint with the management of the auto repair shop.
File a complaint with Rospotrebnadzor.
File a claim in court.

Often it is enough to simply contact the management of the car service center to solve the problems that have arisen, but in some cases, the management refuses to compensate for the damage and then more serious measures have to be taken.

Terms of service

When contacting a company offering vehicle repair or technical support services, the owner needs to pay attention to the following nuances.

Firstly, the contractor has a complete package of permits. If the full set is not available, then you need to make sure that the minimum is available. The minimum set includes:

certificate (or copy);
photocopy (duplicate) of the license for such services;
list of works in the form of an appendix to the certificate;
price list for services.

Secondly, the listed papers must be located in a visible place, accessible for clients to review. All these requirements are contained in the text of Government Resolution No. 290 of April 11, 2001 (as amended by the document dated January 31, 2017).

Important! You should try to provide technical assistance to your car in workshops of the appropriate category.

Some foreign manufacturers void the warranty for repairs in places of a different level.

What is required to file a complaint, claim or lawsuit

Any statement must be supported by evidence indicating that it was this car service that performed the repairs and that the breakdown was caused by it. The main evidence is:

Service warranty card.
Receipt for services rendered.
A work order that includes all the conditions for performing the work.

In addition to the listed evidence, when drawing up a complaint or claim, an independent expert report must be attached to the application.

Claim for poor-quality car repairs: features of drafting

You can use any ready-made form as a sample to fill out. When filling out the form, you should attach an expert opinion and receipts for work to eliminate repair deficiencies.

A printed copy is sent by registered mail with notification and an inventory of the contents.

This document does not need to be certified by a notary. Its authenticity is not questioned at all. These documents are neither concluded nor terminated. Claims can be withdrawn by the customer at any time. In fact, this is a proposal to resolve the dispute voluntarily.

Independent examination

Without providing an opinion from an independent expert, it is difficult to prove your position in court, so before filing a claim or complaint, you must instruct an independent expert to inspect your vehicle. The examination will reveal:

Violations.
Causes of breakdown (car mechanic’s fault, low-quality spare parts, etc.)
Cost of repairs.
Costs of eliminating the consequences of poor-quality service provision.

Based on the data listed above, the customer will be able to demand compensation from the car service in the amount of the breakdown.

Important! A claim can be written without attaching an independent expert report, but when going to court or Rospotrebnadzor, its presence will significantly increase the chances of success.

An independent examination must be carried out at the expense of the service station, but if the auto repair shop refuses to compensate for losses, the cost of the procedure is paid by the customer. The funds spent will be compensated at the expense of the defendant if the customer wins the case in court.

Agreement Options

The rules set out the information that the contractor includes in the agreement. They are contained in Part II, Clause 15 of Government Decree No. 290 of April 11, 2001. The document must contain the following data in its text:

Name, registration address of the enterprise, for individual entrepreneurs - passport and registration data.
Full name of the customer, his address and telephone number.
Information about the date of acceptance of the vehicle for work, deadlines for completing the work. If a stage-by-stage implementation of the service is provided, then the deadlines are also indicated. If the parties agree, intermediate completion dates for the parts are indicated.
Cost of work, payment methods and algorithm.
Full technical characteristics of the vehicle - model, make, numbers of all units.
The cost of the service object is established by the parties.
List of works that are planned to be completed. Also a detailed list of materials and spare parts indicating quantities and prices.
If the customer provides spare parts or materials on his part, then a list of them is indicated.

Important! For such components, an indication of their compliance with standards is required.

Warranty periods for work performed.
Details of the employee accepting the order, his position.
Signatures of the parties.

If additional data is required, it must be included in the contract.

Complaint to the management of the car service

If a car service repairs a car poorly, the customer’s first action should be to file a claim addressed to the service station’s management. This type of statement allows you to resolve the conflict without litigation.

There are standard templates for drawing up a claim, but the form of writing can be absolutely free. The claim addressed to the management of the auto repair shop is drawn up as follows:

A cap. We indicate the full name of the enterprise where the repairs were carried out and its address, as well as the applicant’s full name and address of his actual residence.
First part. At the beginning of the claim you must write: the date of conclusion of the contract, brand and state registration. vehicle number, as well as body, engine and chassis numbers. Next, you must indicate the amount paid and the types of work that the car service employees were obliged to perform.
Read more about violations. In this part, it is necessary to indicate what damage was discovered during the operation of the vehicle after it was repaired at this service station.
Requirements. According to Article 29 of the Russian Federation Law on “Protection of Consumer Rights,” the applicant may demand technical support from the station. maintenance: repeated repairs, elimination of damage, or compensation for funds spent on repairs on your own.
Warning. At the end of the claim, you can indicate that if the requirements are not satisfied, the next step will be to file a statement of claim in court.
Applications. Copies of the receipt, purchase order and independent expert report can be attached to the claim.

Good to know! To write a more competent claim, with references to legal norms and more convincing language, you can seek help from a lawyer. A qualified specialist will help you draw up a letter of claim in such a way as to convince management not to go to court.

You should wait up to 5 days for a response to a submitted claim. If at the end of this period the head of the car service does not deign to announce his decision, this can be regarded as a negative answer and contact the next authority.

Complaint to Rospotrebnadzor

After refusing or ignoring a claim sent to a car service center, you should contact the state body for the protection of consumer rights - Rospotrebnadzor.

Important! An official organization for the protection of consumer rights will not be able to collect due compensation from a car service center, but often possible penalties from Rospotrebnadzor frighten the service station management so much that they have no problem agreeing to pay for any repairs.

The application is drawn up in the form of a complaint, which can be submitted at the Federal precinct during reception hours or in electronic format on the Unified portal for filing citizens' appeals, at the link: https://petition.rospotrebnadzor.ru/petition/.

The complaint is drawn up as follows:

In the upper right corner the full name of the city Rospotrebnadzor branch is indicated, which can be found on the official website of the organization, and F.O. with the exact residential address.
The name of the statement is written in the center: Complaint.
In the first part, you must indicate the exact date the vehicle was submitted for repairs and provide detailed information about the car: its make, state number, color, tax identification number, location and registration, etc.
In the next part of the complaint, it is necessary to accurately state the essence of the problem: the date of receipt of the vehicle from the service center, the full name of the organization that carried out the repairs and the violations committed.
At the end, we attach all available written evidence in the form of checks, a response to a claim from management, an agreement, an expert opinion, and others.

To receive a positive response from Rospotrebnadzor, the complaint must be drawn up exactly according to all the rules, indicating laws and regulations. Such a statement is quite difficult to prepare on your own, so it is better to contact a qualified lawyer.

The report on the inspection carried out and the presence of violations provided by Rospotrebnadzor can be attached to the evidence when filing a claim in court.

Legislative support

Basic documents that are necessary when resolving controversial issues with car service workers:

Civil Code of the Russian Federation. The law contains a multifaceted explanation of the protection of citizens' rights.
Code of Civil Procedure of the Russian Federation. The text is used to protect the client's rights.
Law No. 2300-1 of 02/07/1992. The text of this document is devoted to the protection of the rights of Russian consumers and the rules for resolving controversial situations.
Government Decree No. 290 of April 11, 2001 (as amended by the document dated January 31, 2017). Contains a detailed description of the algorithm for carrying out repair and maintenance work and drawing up a contract.

Studying and complying with the provisions of the listed laws will allow the car owner to protect his rights.

Statement of claim to court

The court is the final authority to which the claim is filed. The filing of a claim should be carried out by a lawyer or a person well acquainted with jurisprudence and capable of legally competent drafting of a document. The main points of the statement of claim provided for by procedural legislation are:

Full name of the court.
Full name and residential address of the plaintiff.
Full name of the car service.
The essence of the violation of the applicant’s rights and his demands.
The amount of compensation for funds spent on car repairs.
Circumstances that prompted the filing of the claim.
Evidence confirming the guilt of the car service.
Plaintiff's claims.
List of attached evidence.
Date of.
Signature of the plaintiff or his representative acting by proxy.

Based on judicial practice, a lawsuit against a car service center for poor-quality repairs, if there is sufficient evidence, ends in favor of the plaintiff.

Time limits for the parties

The client can present his claims to the car service within 6 months from the date the car was accepted for service.

If the repair was carried out on the basis of a warranty card, then the filing period is valid only for the duration of the warranty.

The Contractor is obliged to fulfill the requirements within 10 days.

Violation of the deadlines threatens the car service with convening a court hearing on the client’s claim.

In addition to the methods listed, there are additional methods of influencing careless repairmen.

What can you get by winning a case?

Having won the case in court, the applicant can recover from the management of the car service:

Full cost of repairs.
A fine of 50% of the cost of repairs.
A penalty in the amount of 3% of the cost of repairs for each day of delay, but not more than the cost of repairs.
Costs for legal services.
Legal costs.

As a result, the plaintiff can achieve compensation that exceeds the cost of repairs by 50-150%.

To receive free legal advice, assistance in drawing up applications and representation in court, you can contact the consumer rights protection society “Legal Supervision”. Our specialists will help you receive legal compensation for poor quality car repairs.

Registration process

You should hand over your car to a car service according to the rules. Otherwise, if disagreements arise, it will be very difficult to resolve the controversial issues that have arisen. Of primary importance is the drawing up of an agreement between the contractor and the customer (Part II, Clause 13 of Government Decree No. 290 of 04/11/2001). the agreement may be made in writing or orally. But, for the customer, written preparation is more profitable. The rules approved by Law No. 290 contain the principles of legal literacy when drawing up a contract. It could be:

work order;
receipt.

The basic rule states that the document must contain the entire list of necessary information (Part II, Clause 15 of Government Decree No. 290 of April 11, 2001).

An oral agreement is acceptable when the service is provided in the presence of the vehicle owner. This rule contains:

clause 2 art. 159 Civil Code of the Russian Federation;
Part II, Clause 17 of Government Decree No. 290 of April 11, 2001

In this case, the customer is issued a cash receipt, coupon, token or receipt.

Consumer rights when contacting a car dealership under warranty

The law gives the car buyer the right to demand from the seller providing warranty service for the vehicle the following actions:

• exchange for a working car of the same brand and configuration;
• replacement of the model with cost recalculation;
• providing additional discounts taking into account shortcomings;
• elimination of defects free of charge;
• payment for repairs at a third-party car service center at the expense of the seller.

Any of these or similar requirements can be included in the text of the claim.