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Protecting Yourself When Having Car Repaired

Taking your car to a mechanic is stressful. We fear being taken advantage of or being ripped off. Everyone knows stories of dishonest or untrustworthy auto repair shops. And since we may not understand exactly what the mechanic is doing and why, we are easy targets. However, there are some things that you can do to help you have the best outcome possible. Here are some tips to protect yourself when your car needs repair.

Do Your Homework

Your best protection from fraud and faulty repair work is finding a reputable mechanic or repair shop. Ask your friends for a reference. See if they have mechanics who are certified by the Automotive Service Excellence (ASE). Find out if they have been recognized by AAA "Approved Auto Repair Network".

After you select some repair shops, call the local Better Business Bureau or Attorney General's office and ask if anyone has complained about the shops you are considering. You may also ask the shops for the names of past customers you can contact to see if they were satisfied with the shop's work.

Get It In Writing

You should ask the repair shop to give you a written estimate before any work is done on your vehicle. Tell the mechanic, "If my car requires any additional parts or labor over the estimate, call me with the information before you do anything." Your final bill should be close to the estimate. If the charge is much higher than the estimate, or if the work was done without your authorization and you feel that you have been overcharged, question the bill. Have the shop explain it to you in writing, and keep that information.

If you refuse to pay a repair bill, the mechanic has the legal right to keep your car until you pay!

If You Have Been Overcharged

If you have been overcharged, you may call the Attorney General's Consumer Protection office nearest you. Only a private attorney is likely to be able to get your car back without paying the unreasonable charge, but the court proceedings necessary can be expensive. Often the easiest solution is to pay the bill, making it clear that you do not agree to it, then sue the shop for return of the excessive amount plus penalties under the Deceptive Trade Practices Act. Remember to:

  • Get everything in writing, and keep every piece of paper.
  • Ask the mechanic for your old parts back. (Some parts, such as alternators and brake shoes, are returned to the parts supplier for a refund, so you may not be able to get them.)
  • Tell the shop manager clearly and calmly that you are dissatisfied.
  • Write down the response you are given.

The Law

Texas has no comprehensive statutes specifically governing auto repairs. However the Deceptive Trade Practices - Consumer Protection Act includes some sections which deal with repairs. Under this law it is illegal to:

  • Knowingly make a false or misleading statement of fact about the need for parts, replacement or repair service.
  • Represent that work has been done, or parts replaced, when that isn't true.
  • Represent that goods are original or new, when in fact they are second hand or refurbished.

Take Your Car to Another Repair Shop

If you suspect that the repair shop has violated any of these laws, and you can't get them to resolve the problem to your satisfaction, you should take your car to another repair shop. Give the mechanic a copy of your itemized receipt and order an inspection of the alleged repairs and parts. Get a report in writing. If you notice the same problem is recurring, or find a new problem that should not have arisen, you will be in a better position to negotiate a refund from the first mechanic if you get a second mechanic's opinion of the work done --again, in writing.

Who to Contact

If you have an auto repair problem which the shop will not correct, the Texas Attorney General's Consumer Protection office nearest you or local Better Business Bureau will provide a mediation service to help resolve your problem with the repair shop.

Also, the Texas Attorney General's office helps with any matter involving consumer protection. If you have a problem, contact the regional office near you.

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