A replacement car for the duration of repairs under warranty: is the dealer obliged to provide it, in what cases is this possible?

Author of the article:

Muzyko Tatyana Andreevna - lawyer.

The manufacturer is obliged to carry out warranty repairs of the purchased car if it is found to have defects that were not the fault of the owner.
Buyers, experiencing inconvenience due to the lack of a vehicle, often turn to dealers with a request to provide a temporary car, relying on the provisions of the Law “On Protection of Consumer Rights”.

Legislation

Clause 2, Article 20 of Law No. 2300-1 states that the buyer has the right to demand from the seller a temporary replacement of goods classified as technically complex for the period of warranty repairs.
A car falls under this definition, so drivers expect to have a car at their disposal for the time when their own vehicle is being repaired - that is, at least for 45 days, while, according to paragraph 1 of the same article, the work continues.

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Exceeding the period of stay of the car at the service center

If the above period expires, car service representatives have the following solutions to the situation:

return the car to the owner at the end of the specified period if the fault has not been completely eliminated, but there is no safety threat;
issue a replacement vehicle and complete the repair work;
pay the owner a penalty in the amount of one percent of the total purchase price.

In such a situation, it is more profitable for the company to satisfy the car owner’s request than to pay a penalty or enter into legal disputes. In addition to material damage, this will not benefit the company’s reputation, which does not contribute to the growth of sales, given the competitive environment.

A car enthusiast, if the resolution of the issue is delayed indefinitely, needs to contact the company management to try to resolve this issue through an agreement. What to do if an agreement fails is described below.

Is the dealer required to provide a replacement vehicle?

The car dealer is not obliged to provide such a service.
The statement can be supported by the last line 2 of paragraph 20 of article of the same regulatory act, which states that not all technically complex purchases are subject to substitution. If you refer to Government Resolution No. 55, adopted on December 23, 1998, you can see a list of goods that are not covered by paragraph 2 of Article 30 of the Law “On Consumer Rights”. In item 1 of the list you can see that the car is one of the goods that cannot be replaced by the seller in the event of a breakdown.

From the above, it is clear that a car dealership should not allocate a replacement car - there is no legal liability for refusal. A number of companies still issue a car to customers if their own vehicle breaks down. However, this is the initiative of the seller directly, and not his obligation imposed by law.

Legislative norms

According to the requirements of the Law “On the Protection of Consumer Rights”, if a car is subject to warranty repairs for more than forty-five days, the dealer must provide a replacement car free of charge to the client for the necessary time until the repaired equipment is returned.
This means that the manufacturer, so that the car owner does not suffer from the breakdown of his car, must voluntarily compensate for the inconvenience in return for this car - he is obliged to provide a replacement car with similar characteristics to the one being repaired. But there is an important clarification in the legislation. This condition applies to any durable equipment other than those included in the relevant list approved by government decree. It also includes motor transport, so manufacturers are not obliged to provide such a service.

But many manufacturers, in order to attract customers, provide a replacement. This condition is mandatory if the client is classified as a disabled person for whom such a means of transportation is vital or if the repair continues beyond the established forty-five days.

Substitution conditions

The only obligation of the dealer in the event of a breakdown of the car he sold is to return the money paid for the low-quality car, or to repair the vehicle free of charge under warranty.
The duration of the latter cannot be more than 45 days, as indicated in Part 1 of Article 20 of Law No. 2300-1. A replacement car is issued if the service is specified in the contract.

A car dealership can accommodate a buyer halfway if:

a car undergoing repairs is expensive;
the client is highly valued by the salon;
the buyer is willing to pay for the car provided;
does not meet the deadline for repairing the car under warranty and wants to enter into a new agreement to extend it;
wishes to replace the payment of a penalty for late repairs with the provision of a car for temporary use;
maintains his own reputation.

Attention! Only a clause with a corresponding indication in the purchase and sale agreement can oblige a car dealership to provide a replacement vehicle. However, such a loyalty policy can only be found among the largest car companies.

Presentation of consumer rights

The provision of substitute goods requires prior written agreement between the two parties when making a major purchase. The terms of the contract warn about the provision of this service.

At the same time, dealer companies provide a replacement car only if the repair period is more than 45 days. When purchasing, it is best to pay attention to this aspect, and when concluding a contract, write down the conditions regarding the provision of this service.

The presence of a written contract implies the mandatory provision of a replacement car during warranty repairs of the purchased car. This service must be completed within 3 days.

Terms of service

Providing a car for a fee usually does not raise objections among car dealerships.
Quite often, a vehicle is given for a day if the client makes a reasonable request to the salon. But when presented with a requirement to provide a vehicle for a longer period without additional payment, car owners face many difficulties.

Usually, in order to get another car while their own is being repaired, the client must fulfill a number of requirements of the car dealership. Their list depends on the organization’s policy, but the most common ones include:

The warranty period for the car has not yet expired.
Operation of the car is impossible or is associated with a risk to the vehicle or the health of its owner.
Repairs are carried out at an official dealer service station.
The client notified the organization in advance of the need to provide a car.
The repair period did not exceed 45 days.

Such conditions are usually specified in the clause of the purchase and sale agreement that regulates the procedure for providing a car to replace the one being repaired. It is also necessary to document them when receiving a temporary vehicle.

Attention! It is better to find out in advance as many details as possible related to the operation of a replacement car. It is necessary to find out not only the terms of provision and possible additional payment for using the vehicle, but also the consequences that occur in the event of an unforeseen accident or unexpected breakdown of the car.

Documents provided

Since the procedure for replacing a car is not strictly regulated by law, the list of documents required for its implementation may change.
Typically, a car dealership requires a minimum amount of paperwork. These include:

applicant's passport;
a request for a replacement car, made in writing;
vehicle purchase agreement;
an agreement on the transfer of a purchased vehicle for warranty repairs, with a mandatory indication of the timing of the work.

Replacement car under CASCO

Owners of such insurance can expect to receive a temporary vehicle directly from the insurance company. Such an obligation is specified in the insurance contract.

Owners of Premium car insurance packages do not have to worry about getting a car. Usually, when purchasing them, the clause on receiving a replacement vehicle is written directly into the contract with the insurer.

Attention! Registration of CASCO insurance does not affect the terms of provision of a replacement vehicle directly by the official car dealer. However, getting a car for a while if you take out expensive insurance is somewhat easier.

Replacement car under OSAGO

Taking out an insurance policy does not give the owner any advantage when receiving a replacement car.
Even among the additional services provided by the insurer under such policies, there is no possibility of providing a car in the event that a client’s vehicle is sent for repairs.

Therefore, the ability to still get a temporary car depends solely on the loyalty of the car dealer.

Situation abroad

Abroad, the practice of providing a vehicle when sending a car for repairs is more common than within Russia. In the USA, salons have their own fleet of vehicles, from which, if necessary, drivers are provided with temporary cars.

However, it will not be possible to take a vehicle with similar characteristics to the one sent for repair even abroad. Often the owner gets a middle class car and, of course, not a new one.

How are such issues resolved abroad?

Abroad, the issue of providing replacement cars is approached differently. So, for example, in the USA, large car dealerships have entire fleets of replacement vehicles. Most often, clients receive such cars free of charge for the entire time their vehicle is under warranty repair.

However, in the United States no one can guarantee that the vehicle issued for temporary use will be of the same class as the one being repaired.

However, due to strong competition, dealers have to improve the quality of their services. So, for example, if previously the owner of an SUV could be given a shabby station wagon, now car dealerships are trying to provide replacement cars of a higher level.

This is especially true for premium cars, for which dealers, whenever possible, provide similar cars for the entire repair period. If the dealership offers such a client a beat-up old car, it risks losing a valuable client.

I received a refusal, what should I do?

If the dealership refuses to provide you with a car, you can use a paid service to rent a car from any fleet, and then try to get compensation for the money spent. The greatest chance of compensation for damage is if the car dealer has exceeded the time specified in the law for fulfilling repair obligations.

Making a claim

To force the dealer to reimburse the costs incurred, care should be taken to draw up a special written document. It contains the following information:

name of the company that sold the car;
Date of purchase;
cause of failure;
date of sending the vehicle to the service center;
the day of contacting the salon with a request to issue a replacement car;
reason for the car dealer's refusal.

All payment documents for the car, the purchase agreement, and the service book are attached to the application.

Where should I send the document?

One copy of the claim is sent to the salon.
The employee receiving the document puts a mark on the copy remaining with the client indicating receipt of the papers. After that, you just have to wait a little. Sellers prefer to satisfy the client's request, especially if they do not want to pay a penalty.

Chances of a positive outcome for us

If there is no response from the salon, the consumer can appeal to Rospotrebnadzor and the court. However, if there is no clause on the temporary provision of a car in the contract and the dealer has not violated the warranty repair period, then the chances of a positive outcome are slim.

Features of the procedure

Many car owners are interested in how to get a replacement car and what documentation is required for this. In such a situation, the car owner needs to:

study in detail the provisions of the legislation devoted to the protection of his rights;
transfer the car for warranty repairs to the service center where the car was purchased or to the insurer’s workshop;
prepare a document confirming that the malfunction poses a safety hazard;
check with the service center the duration of repair work if it obviously exceeds a forty-five-day period;
complete the documentation package. It is necessary to prepare papers for the car, the owner’s personal passport, contract, etc.;
apply to the company where you bought the car with a request to provide a replacement.

Experience in providing replacement vehicles by major manufacturers

Large companies that enter into a large number of transactions for the sale of vehicles solve the problem of substitution in advance.
The website states that we provide a replacement for the car being repaired under any conditions. However, the class and technical characteristics of the issued vehicle may differ significantly from the owner’s car for the worse.

The largest suppliers, such as Mercedes or Jaguar, prefer to prescribe a substitution clause in a standard vehicle sales agreement.

The most difficult thing for Skoda clients is to get a temporary car. Before making a decision, the manufacturer insists on conducting a comprehensive examination, based on the results of which the request is granted (or rejected).

Additional questions

What are the advantages of a replacement car?

Above, we looked at the basic conditions for obtaining a replacement car during repairs under CASCO or under warranty, as well as how to achieve success under certain circumstances. The undoubted advantages of such a service are that the owner of a recently purchased vehicle will not be left without a means of transportation for a longer period of time. Accordingly, dealerships have the opportunity to provide their customers with more attractive and favorable conditions.

It is important to document the fact of transfer of the car, indicating all the details, since all responsibility for its operation and for maintaining its integrity after the transfer will fall on you.

Which salons and companies offer replacement

In companies such as Jaguar, Mercedes-Benz and BMW, the service of providing a replacement car is provided for in the purchase and sale agreement. KIA employees, not only in the contract, but also on the official website, offer customers the service of a replacement car if the need for repairs arises. Brands not only take care of their customers, but also increase the loyalty of their consumer audience, and significantly improve their reputation in the market by providing such guarantees.

The management of the Skoda company cheated a little by pledging to provide the buyer with a replacement car only after a comprehensive examination of the car to be repaired. If the vehicle is not running, there should be no problems with obtaining a replacement car for the time specified in the contract.

Larger brands are ready not only to provide guarantees, but also to pay a penalty - 1% per day of the cost of the car. Elite manufacturers such as Rolls-Royce, Porsche, Bugatti, Lamborghini, etc. are distinguished by such impressive responsibility.

The provision of a replacement car by the insurance company while the car is being repaired under comprehensive insurance depends directly on the terms of the program and is usually included in premium insurance packages. In other cases, the decision to provide or not provide temporary vehicle is regulated solely by the terms of the comprehensive insurance contract.

Exceeding the period of stay of the car at the service center

The legislation of the Russian Federation provides for a requirement for maximum vehicle repairs at a service center. At the moment, the maximum period for repair work is 45 days.

If during this period the service center does not complete the repair of the vehicle, the client has the right to demand that the management of the car dealership provide a replacement vehicle until the repair of the car is completed.

In practice, such cases are very rare, since service workers are well aware of this legal requirement and try to complete the repair before the expiration of the allotted period. If the time limit for car repairs is exceeded, all costs for renting a car provided for temporary use are borne by the service.

Large car dealerships, which sell mainly well-known brands, in order not to lose their customers and not get a bad reputation, pay car buyers a 1 percent penalty for each day of delay in vehicle repairs.

Useful video

Check out the video if you live in St. Petersburg and have a Volkswagen:

Dear readers! To solve your problem right now, get a free consultation

— contact the lawyer on duty in the online chat on the right or call: +7 (499) 938 6124 — Moscow and region.
+7 (812) 425 6761 — St. Petersburg and region. 8 (800) 350 8362 - Other regions of the Russian Federation You will not need to waste your time and nerves - an experienced lawyer will solve all your problems! Or describe the situation in the form below:

Practice solving the issue

Official representatives of dealer companies claim that replacement of a car is carried out only with the consent of the administration of the retail establishment. At the same time, the client must know that he has the right to provide the service in accordance with the legal norms of the law.

If we talk about the practical side of the law, dealers in most cases do not maintain a personal fleet of vehicles, since it requires large expenses. In this case, it is beneficial for the company to challenge personal rights when such an issue arises.

If all conditions are met and a conclusion is received about the breakdown of the car, the buyer can prove that he is right and receive a replacement car or compensation as a penalty. To obtain a result, you will have to use the services of a lawyer who will represent the interests of the injured party.

Bottom line

The issue of providing or not providing a replacement car is entirely the responsibility of the dealers. But if you wish, you can get such a service if you find out before purchasing a car whether it is practiced in the company.

However, the law does not oblige dealers to do this, so making any claims or demanding anything is useless. Only after the legal deadline for repairs has passed will the dealer have to somehow fix the problem. In the meantime, while repairs are ongoing, the issue of a replacement car is considered individually. Often, a significant number of large dealers provide replacement cars in one form or another (free or leased) to customers simply in order to withstand tough competition.

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