Official clarifications on the issue of poor-quality car repairs

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.

Under what conditions is the service provided: what should you pay attention to?

Before using the services of one or another service center, you need to pay attention to several details. This will allow you to avoid a lot of troubles and mistakes from working with unscrupulous repairmen.

So, if you need to start cooperation with a company that provides car repair or technical support services, the car owner should pay attention to the following details:

1. Does the performer have a package of permits? Of course, you can get by with a minimum set, in particular there should be special certificates for different types of work, licenses, documented price lists for services, etc. These documents indicate that the master who will work on the car really knows how to fix the breakdown and can do it.

2. Can the contractor provide these documents for review. As a rule, this is necessary to make sure that they are not expired or counterfeit.

If service workers refuse to provide documents, this is a serious reason to think twice and not use repair services in the location in question. There are high chances of not getting the desired effect.

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.

What rights can a consumer exercise?

If a breakdown or some other problem is discovered during the operation of a new car, the buyer can exercise the following rights:

• repair the vehicle free of charge (if the warranty period has not expired);
• demand a free independent examination to find the fault, and also be personally present while it is being carried out;
• receive a repaired car no later than 45 days from the date of transfer of the vehicle to the service;
• demand a penalty if the car was repaired longer than the period indicated above (45 days);
• get another car while repairs are ongoing.

To receive a penalty after the service has not returned the repaired car after 45 days, you need to send a properly completed claim, demanding to pay a penalty.

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.

What liability will a car dealership bear if the work is done poorly?

The dealership is also responsible for a broken or poorly repaired vehicle. But in order to receive compensation, a person needs to order and pay for an independent examination. Only after this can you send a claim to the salon to receive compensation for the following losses:

• money that was spent on car repairs;
• funds that the person had to pay after the examination;
• other losses incurred by the owner of the broken car in connection with the proceedings.

If it can be proven that the car owner is not at fault for the breakdown, the car dealership will have to spend money to compensate for all losses.

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.

Documents issued after vehicle repairs

After the repair, when handing over the car, you should be given the following documents - a work order (invoice drawn up in program 1 C) and a cash receipt.

If the machine is under warranty, a record of the repair work performed must be made in the service book.

How is a work order filled out?

This document contains information about the work performed, the time spent, the cost of one hour and the cost of the work as a whole. In addition, the used consumables, fuels and lubricants, and spare parts are recorded in the work order.

What warranty is given for the car?

What to do if the warranty repair period is violated, read here.

How to write a claim for car warranty repair, read the link:

Next, the technician provides information about your car, who performed what work, and who is responsible for what. At the end the master’s signature, date and seal are placed.

The return of the vehicle from repair must be accompanied by the delivery to the owner of a written report on the work performed.

How exactly this report will be formatted does not matter, the main thing is that it contains the following information:

• the date the buyer applied for warranty repairs;
• when the car was handed over for repairs;
• what work was carried out and when;
• spare parts and parts used in repairs;
• date of transfer of the car to the owner.

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.

Transferring the car for repair under CASCO and OSAGO

Restoration repairs within the framework of insurance compensation are carried out by a service station with which your insurance company has entered into a corresponding agreement. After filing an insured event and determining the amount of damage to be compensated, the insurer organizes and pays for repairs and sends the client to a service station. Already at this stage it is necessary to provide for the possibility of poor-quality repairs under CASCO or OSAGO.

To reduce complications later, you should ensure that the vehicle acceptance certificate is correctly drawn up. This document should contain the following basic information:

1. detailed information about the vehicle being repaired;
2. list and exact description of damage to the car;
3. date and purpose of transfer of the vehicle for repair;
4. information about the party receiving the vehicle.

The act must be certified by the signatures and seals of the parties.

After repairs are carried out, the car owner must carefully inspect the car. Identified deficiencies must be reflected in the acceptance certificate. If this is not done, the procedure after poor-quality repairs under MTPL or CASCO can be significantly complicated. It can be very difficult to prove the origin of many defects and damages due to poor-quality repairs if they are not identified immediately after the work has been carried out.

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:

1. Full name of the court.
2. Full name and residential address of the plaintiff.
3. Full name of the car service.
4. The essence of the violation of the applicant’s rights and his demands.
5. The amount of compensation for funds spent on car repairs.
6. Circumstances that prompted the filing of the claim.
7. Evidence confirming the guilt of the car service.
8. Plaintiff's claims.
9. List of attached evidence.
10. Date of.
11. 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.

Useful video

After watching the video you will understand what to do if warranty service is denied:

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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.

Conditions for car replacement under warranty

Since a car is a technically complex product, replacement or refund occurs in the following cases:

• warranty defects were identified before the expiration of 15 days from purchase;
• the car has a significant drawback;
• illegal refusal by the seller of warranty obligations;
• violation of the repair deadline;
• the total time (for 1 year) during which the car was in the technical center exceeded 30 calendar days.

Based on the Law, a defect is considered significant if it cannot be removed, incurs disproportionate monetary or time costs, and it reappears after elimination.