How to get your money back for poor quality car repairs

How to force a car service to return money for poor quality repairs?

In May last year I went to a car service center to repair the car, after paying the full amount, after some time it turned out that the repair was of poor quality, many problems emerged

Is it possible to hold a car service accountable at the moment? no warranty periods were established

And one more thing - in the repair order there is only the seal of the car service center, there is no other data from this office, is this enough to prove that it was this service that carried out the work?

Guaranteed response within an hour

Participated in the consultation

You need to go to court with a statement of claim.
Article 29. Consumer rights when discovering deficiencies in the work performed (service provided)
1. The consumer, upon discovering deficiencies in the work performed (service provided), has the right, at his own discretion, to demand:
free elimination of the deficiencies in the work performed (service provided);
corresponding reduction in the price of work performed (service provided); free production of another thing from a homogeneous material of the same quality or repeat work.
In this case, the consumer is obliged to return the item previously transferred to him by the contractor; reimbursement of expenses incurred by him to eliminate deficiencies in the work performed (service provided) on his own or by third parties. Satisfying the consumer's demands for the gratuitous elimination of defects, for the manufacture of another item, or for the repeated performance of work (provision of a service) does not relieve the contractor from liability in the form of a penalty for violating the deadline for completing the work (provision of a service).

The consumer also has the right to refuse to fulfill the contract for the performance of work (provision of a service) if he discovers significant deficiencies in the work performed (service provided) or other significant deviations from the terms of the contract.

The consumer also has the right to demand full compensation for losses caused to him in connection with deficiencies in the work performed (service provided). Losses are compensated within the time limits established to satisfy the relevant consumer requirements.

2. The price of the work performed (service rendered), returned to the consumer upon refusal to fulfill the contract for the work performed (service rendered), and also taken into account when reducing the price of the work performed (service rendered), is determined in accordance with paragraphs 3, 4 and 5 of Article 24 of this Law.

3. Requirements related to deficiencies in the work performed (service provided) may be presented upon acceptance of the work performed (service provided) or during the performance of the work (service provided), or, if it is impossible to detect deficiencies upon acceptance of the work performed (service provided), in within the time limits established by this paragraph. The consumer has the right to make claims related to defects in the work performed (service provided), if they are discovered during the warranty period, and in its absence, within a reasonable period, within two years from the date of acceptance of the work performed (service provided) or five years in relation to the defects in buildings and other real estate.

4. The contractor is responsible for defects in the work (service) for which there is no warranty period, if the consumer proves that they arose before his acceptance of it or for reasons that arose before that moment. In relation to the work (service) for which a warranty period is established, the contractor is responsible for its shortcomings, unless he proves that they arose after the consumer accepted the work (service) as a result of his violation of the rules for using the result of the work (service), actions of third parties or force majeure .

5. In cases where the warranty period provided for in the contract is less than two years (five years for real estate) and defects in the work (service) are discovered by the consumer after the expiration of the warranty period, but within two years (five years for real estate), the consumer has the right to present the requirements provided for in paragraph 1 of this article, if he proves that such defects arose before his acceptance of the result of the work (service) or for reasons that arose before that moment.

6. If significant deficiencies in the work (service) are identified, the consumer has the right to make a demand to the contractor to eliminate the deficiencies free of charge if he proves that the deficiencies arose before he accepted the result of the work (service) or for reasons that arose before that moment. This requirement may be presented if such defects are discovered after two years (five years in relation to real estate) from the date of acceptance of the result of work (service), but within the service life established for the result of work (service) or within ten years from the date acceptance of the result of work (service) by the consumer, if the service life is not established. If this requirement is not satisfied within twenty days from the date of its presentation by the consumer or the detected defect is irreparable, the consumer, at his choice, has the right to demand: an appropriate reduction in the price for the work performed (service rendered); reimbursement of expenses incurred by him to eliminate deficiencies in the work performed (service provided) on his own or by third parties; refusal to fulfill the contract for the performance of work (provision of services) and compensation for losses.

The car was not repaired - poor quality car repairs

Please pay attention! We do not provide advice on consumer protection issues and do not work in this area. We work only with legal entities. However, this informational article will definitely be useful to you.

If a dispute about the quality of repairs has arisen between two legal entities, you will need a lawyer to go to the arbitration court.

The car was not repaired - common violations:

The situations mentioned above are a violation of consumer rights, which in turn entails a certain responsibility for the auto repair shop. However, in order to protect your rights, you must take certain actions (read further).

Issues of consumer protection when repairing vehicles are regulated by Chapter III of the Consumer Protection Law.

In the Russian Federation, there are currently rules for the provision of services (performance of work) for the maintenance and repair of vehicles, which determine the basic provisions that the customer and the contractor must adhere to when eliminating defects in vehicles and concluding a service agreement.

The timing of vehicle repairs is established in a document such as the Regulations on the Maintenance of Technical Equipment. Read more in our article: Car repair: car repair period and agreement with a car service.

You can also familiarize yourself with other aspects of consumer protection on the Wikipedia page.

Some questions regarding poor-quality car repairs:

The law provides for liability for violation of repair deadlines by a car service - in the amount of 3% for each day of delay in returning a serviceable car to the customer.

Read more about the maximum repair periods, the rules for determining their duration, as well as what liability a car repair shop should have for violating them. Read more in our article - Car Repair Timeframes.

It is worth noting that if work on the machine was carried out with parts purchased by the client, then the contract with the workshop must specify the period during which it is obliged to notify that the parts do not meet the operating requirements.

If the contractor did not notify the client about the non-conformity of the parts, then in the event of malfunctions he cannot refer to the fact that the deficiencies arose due to the installation of parts provided by the client.

Poor quality car repairs - what to do?

In case of violation of rights, the client has the right to demand:

eliminate the deficiency - no more than 45 days are given to the repair shop to satisfy such a requirement;
reduce the cost of maintenance - no more than 10 days are given to satisfy the request of the repair shop; or
return the funds spent to eliminate the defect when contacting another repair organization or on your own - no more than 10 days are given to satisfy the repair shop’s request.

If the corresponding requirement is not fulfilled voluntarily, within the period established by law, then the client should:

Step 1. File a claim against the car service (officially); and then
Step 2. File a lawsuit against the car service .

Step 1. Complaint to a car service

A claim against a car service must be drawn up indicating all factual circumstances and relevant regulations. For information on how to properly file a claim, read our article How to Write a Claim.

You can also find out what deadlines exist for submitting consumer claims in our article Deadlines of the Consumer Protection Law.

Sample claim to the workshop with a requirement to eliminate defects free of charge:

Step 2. Court car service (sue the car service)

Court with a car service - bringing a claim in the courts of general jurisdiction is mainly regulated by Chapter 12 of the Civil Procedure Code of the Russian Federation.

What can you get in court?

In accordance with the Law on the Protection of Consumer Rights in court, a consumer may simultaneously present the following requirements for the service:

Compensation for the cost of repairs and damages caused (for example, in the form of the cost of work in another service);
3% of the cost of repairs for each day of delay in meeting consumer requirements;
Compensation for moral damage;
Reimbursement of costs for legal services provided, examination, and all other expenses; And
A fine of 50% of the entire amount awarded to the consumer, that is, the amount of all claims specified above.

As far as can be understood from the above requirements, it is possible to recover much more from the service than the initial cost of repairs.

As much as possible

Judicial practice on these issues has already developed and with an appropriate approach from a legal point of view, the consumer has a high chance that the court will satisfy all his requirements.

See our selection of court decisions on this issue:

Court with a car service is the most effective way to restore rights.

Independent examination

Before going to court to protect your rights, it is necessary to conduct an independent examination of the vehicle to determine what kind of work the repair shop performed, how much this work complied with the contract, and whether the breakdowns, including other parts (if applicable), are a consequence of this service.

Please note that the assistance of a lawyer is needed already at the stage of the examination. Lawyers conducting a case on behalf of a car service center can petition to reject the examination on many formal grounds, as well as grounds.

Thanks to the fact that we cooperate with many independent expert organizations, we can send your car to the expert organization that knows our requirements and can draw up an absolutely correct conclusion. It will be almost impossible to challenge this examination in court based on any legal criteria.

You can also familiarize yourself with some aspects of the examination here.

The right to claim is granted at a time. If you take any incorrect actions (as part of pre-trial proceedings, during an examination, etc.), as a result of which the court refuses to satisfy the claim or does not consider the claim, then it will be impossible to go to court again. Keep this in mind when choosing a lawyer.

For legal entities, our company provides qualified subscription services to legal entities.

If the car was not repaired or the car was repaired poorly, it is necessary to protect your rights, up to and including filing a lawsuit, because in most cases the law is on the side of the consumer.

What to do if your car has been repaired poorly? Where to complain and how to get money back?

Due to the use of cheap materials, poor body paint, and the installation of old parts, car repairs are carried out poorly. Not every car owner is able to determine how well the work has been done. This usually becomes clear after some time during operation. In the article we will look at what the car owner has the right to demand, how to prove that the repairs were carried out poorly, how to write a claim and conduct an examination to get the money back, how to file a lawsuit and a complaint to Rospotrebnadzor.

What does a car owner have the right to demand in case of poor-quality car repairs?

The car service must perform the work in accordance with the terms of the contract and in compliance with technology. If signs of poor quality repairs are detected, the car owner has the right to demand:

free elimination of defects (for example, replacement of a defective part);
reducing the cost of work (returning part of the funds paid);
repeating work (for example, repainting the body);
reimbursement of expenses incurred in connection with the correction of defects (for example, for carrying out restoration repairs in another car service center).

The consumer sets a deadline for the contractor to eliminate defects or compensate for damage. If the customer's requirements are satisfied, the car dealership is not relieved of the obligation to pay a penalty for late delivery of the work.

The car owner has the right to demand a refund in the following cases:

if the car service has not eliminated the deficiencies identified in the repaired equipment;
when irreparable defects are identified.

The contractor is obliged to compensate for damage caused to the consumer in connection with failure to fulfill the obligation.

How to prove that the repair was carried out poorly?

To prove the fact of poor-quality repairs, it is important to begin preparing documents at the stage of handing over the car for repair. It is necessary to draw up a certificate of acceptance and transfer of equipment with a detailed description of the defects that will need to be corrected by the car service.

You must insist on drawing up the certificate even if the car is handed over for just a couple of hours. In the event of a dispute over new defects, the vehicle owner will have proof of the fault of the car service center.

When accepting a vehicle after repair, you must prepare the following documents:

agreement concluded with the service;
check;
act of acceptance of completed work with comments.

It is also advisable to involve witnesses who can confirm the fact of ordering repair work from a car service center.

In the act of acceptance of completed work, you must indicate all the shortcomings that were committed or not eliminated by the contractor.

How to get your money back for poor-quality car repairs: step-by-step instructions

To get the money back, you will need to conduct an independent examination and write a claim to the contractor. If the requirements are refused, the customer must go to court.

Step 1 – Conducting an examination

To resolve conflicts related to consumer protection, technical expertise is carried out. It allows you to determine the quality of work, as well as the difference in the condition of the vehicle before and after repair.

An examination should be sought when there are suspicions about the quality of work and it is necessary to accurately determine the amount of damage.

Based on the results of the study, a conclusion is drawn up, on the basis of which the consumer can file a claim against the car service.

Step 2 – Submitting a claim to the contractor

The claim is made in the name of the head of the car service center. The document is drawn up in free form and must contain the following information about the date of conclusion of the contract, payment for work and violations committed by the contractor.

A copy of the results acceptance certificate with comments and a copy of the expert opinion should be attached to the application.

The claim is made in two copies. One is given to the contractor along with the documents, on the second his employee puts a mark of receipt.

10 days are allotted for consideration of the appeal. If the car service meets the consumer’s requirements, then after correcting the deficiencies, you need to fill out a new acceptance certificate. When the money is returned, a receipt is drawn up.

If the contractor refuses to correct the deficiencies or ignores the consumer’s statement, it is necessary to go to court.

Step 3 – Go to court

Cases on the protection of consumer rights are considered by magistrates and district (city) courts. If the claim amount is up to 50,000 rubles. documents are submitted to the magistrate's court, other disputes are resolved by district courts.

At the consumer's choice, he has the right to file a claim in court at his residence address or at the location of the performer.

Filing a claim is a complex procedure that should be entrusted to an experienced lawyer. He will help you correctly prepare documents and defend the interests of the consumer in court.

It is important to collect a complete package of documentation that proves the guilt of the performer. If the consumer has entrusted the protection of his interests to a professional lawyer, it is necessary to issue a notarized power of attorney for him.

The court considers the case within 2-3 months. If the results of the pre-trial examination are disputed, a repeat expert examination is ordered.

After establishing all the circumstances relevant to resolving the dispute, the court makes a decision. The judicial act must be executed by the car service center after it comes into force.

How to file a complaint with Rospotrebnadzor?

The customer has the right to protect his interests in Rospotrebnadzor, which monitors contractors’ compliance with consumer protection legislation.

To begin the inspection, a complaint must be submitted in writing. It must describe in detail the circumstances of the transfer of equipment for repair and list the violations committed by the contractor.

After accepting the appeal, department employees request from the car service center documentation on the repair and evidence that its employees acted within the framework of Law No. 2300-1.

If the circumstances set out in the complaint are confirmed, an order is issued against the contractor with a deadline for restoring the violated consumer rights.

Judicial practice in disputes related to poor-quality car repairs

During the trial, the contractor must provide evidence that the defects arose due to improper operation of the car by the car owner. If the fault of the customer or third parties is not established, and the impact of force majeure circumstances is not proven, then responsibility rests with the car dealership.

Example. Dmitriev I.A. contacted the dealership center "Imperial-Auto" LLC to carry out work on repairing an Audi A3 car. During the work, the gearbox and clutch were replaced. The customer accepted the equipment from the center’s employees, paying in full for the cost of work and materials. During further operation, shocks appeared when changing gears, and there was a delay in the car moving from one gear to another. Dmitriev I.A. contacted Autospetscentre LLC for clutch repair. Then the customer submitted an application to Imperial-Auto LLC for a refund due to poor quality work. Having received a refusal, he went to court to protect his rights. During the trial, the judge found the contractor to be at fault and satisfied the customer’s demands (Appeal ruling of the Moscow City Court dated July 8, 2019 in case No. 33-28746/2019).

Legal assistance in case of poor-quality car repairs

In order to prove the fact of poor-quality repairs, it is necessary to prepare documents on the conclusion of a contract, payment of work to the contractor, and damage to the car. The sooner a consumer seeks help from an experienced lawyer, the greater the chance of obtaining justice.

If you need advice from a qualified consumer rights lawyer, we recommend that you contact the specialists on our website. We provide free legal assistance. Write to the online chat or call the hotline in Russia.

Articles recommended for you:

A car has been poorly repaired: what should a motorist do?

Conflicts between the car owner and the service center are not uncommon.

Car repair shops sometimes demonstrate blatant unprofessionalism, returning the car to the customer in even worse condition than before it was sent for repair.

You cannot put up with the impudence of a service station, because repairs are expensive, and turning to another organization to correct the mistakes first will be a serious blow to your wallet.

From this article you will learn what laws protect the rights of motorists for poor-quality car repairs and what ways you can seek justice.

What does the driver have the right to demand?

The relationship between the repair customer and the service center is regulated by the Civil Code and the Law on the Protection of Consumer Rights.

The list of possible customer requirements for poor-quality repairs depends on how significant the defect is that he discovered after the repair.

If the deficiency is insignificant, then the motorist can demand from the car service:

Correct the identified deficiency free of charge.
Reduce the cost of work.
Compensate for expenses if the defect was eliminated with your own hands.
Repair the car again free of charge.

By law, the service has 20 days to fix a problem discovered by the customer. If the period has expired and there is no result, the motorist has the right to demand termination of the contract and the return of the full amount or payment of a penalty, which increases for 1 day of delay by 1% of the cost of the car.

How to proceed?

The main advice: do not give your car to a service center without concluding an agreement, otherwise it will be impossible to prove that the service center performed any work on the car at all. Car repairs under warranty are carried out according to a different scheme.

The contract must include the following information:

Name and legal address of the organization.
Vehicle acceptance date.
The cost of repairing a specific vehicle.
The price of the car, determined by agreement of the parties.
Labor guarantee (if provided).
Full name of the employee who placed the order.

However, even the presence of a correctly drawn up contract sometimes does not prevent services from returning cars with problems. A driver who finds himself with a faulty car after repairs needs to act as follows:

Write a claim and submit it to the car service center.

In case of victory in court, the plaintiff can count not only on the return of the entire amount under the contract, but also on compensation for moral damages and reimbursement of legal costs.

Claim forms for car service and statement of claim

You can download the car service claim and statement of claim forms here:

Poor quality repairs at a service station. How to get my money back?

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Poor quality repairs at a service station. How to get my money back?

I handed over the car for repairs with a faulty internal combustion engine. Turned the connecting rod bearings on the HF. A preliminary work order was drawn up with the service station for troubleshooting and repair of the internal combustion engine with its removal. Total 30,000 rubles for all the work.

Read more: Car auctions from bailiffs

The internal combustion engine was removed and partially disassembled. They took out the KV and gave it to me for sharpening and grinding. After measurements, it turned out that the HF cannot be repaired, since it needs to be sharpened to 0.75, and the repair inserts only to 0.25 and 0.5.

A new HF is not an option, so I had to order a contract internal combustion engine, which turned out to be cheaper.

The servicemen did not object, but they did not reduce the price, although the scope of work, IMHO, decreased.

When they started transferring attachments to the new internal combustion engine, it turned out that it was supposedly a turbo engine, since it had a hole for draining the oil. There are no other signs of turbocharging.

I cut out the plugs and brought them to them. Put.

Along the way, the servicemen had to replace the CV and camshaft seals, as well as replace the timing belt and rollers.

As a result, the car was barely started, but it was working in emergency mode and the internal combustion engine did not develop more than 3500 rpm. According to them, it produced several scattered errors and their universal scanner may have read the information crookedly.

There was nothing more they could do about her. In this condition, I took it away, paying the agreed amount of 30,000 rubles.

I went straight to the office. to the dealer.

The dealer's service technicians figured out the reason: the CVT clutch was incorrectly aligned relative to the camshaft and, most importantly, the parts of the camshaft position sensor assembly were installed incorrectly.

All the sensors were installed by my family, from my engine. The contract part came with its own sensors. It turned out that they installed a sensor and a housing from my motor, but the counter part of the sensor from which it reads pulses was left old (and they differ significantly).

The officials had to pay another 11,000 rubles.

Is it possible to reimburse me for the costs of forced repairs in another service? Have my rights as a consumer been violated in this case?

Saved. Not really an act. This is simply a work order indicating the troubleshooting work performed.

And I even went to the servicemen who changed my internal combustion engine. They looked and said that it wasn’t their fault, since they didn’t have enough knowledge about this brand of car and there couldn’t be any demand from them, they wanted to save money.

Naturally I wanted 10,000 rubles not lying around on the road. The officials asked for 40 thousand rubles for the repair of the internal combustion engine.

So what's now?

Write a complaint? And in case of refusal to sue?

Well, I don’t fully claim 30,000. I would like to get back the 11,000 spent on fixing their problems. Well, you can also knock out some of the 30, since the volume of work was significantly less. The engine was not completely disassembled, but only the attachment was transferred. This is half the cost.

And from the documents there are only two work orders. From the first service and from the second.

Only through the court, or decide with Khozya STO, for this amount of work in the future..

On the topic, they did everything they could, and if you had immediately replaced the internal combustion engine, there would have been fewer problems for both them and you.
So here's what they always say. an autopsy will show.

And from the documents there are only two work orders. From the first service and from the second.

Miser pays twice.

It was necessary to understand that in your case it would be ideal to replace the ENGINE with a contract one.

Miser pays twice.

It was necessary to understand that in your case it would be ideal to replace the ENGINE with a contract one.

A contract person is a pig in a poke. Anyway. And this must also be understood.

So they couldn’t deliver the contract one without any problems. 11 rubles were spent on fixing the problems.

Only through the court, or decide with Khozya STO, for this amount of work in the future..

1. When discovering deficiencies in the work performed (service provided), the consumer has the right, at his own discretion, to demand:
free elimination of the deficiencies in the work performed (service provided);
corresponding reduction in the price of work performed (service provided);
free production of another thing from a homogeneous material of the same quality or repeat work.
In this case, the consumer is obliged to return the item previously transferred to him by the contractor; reimbursement of expenses incurred by him to eliminate deficiencies in the work performed (service provided) on his own or by third parties.

Satisfying the consumer's demands for the gratuitous elimination of defects, for the manufacture of another item, or for the repeated performance of work (provision of a service) does not relieve the contractor from liability in the form of a penalty for violating the deadline for completing the work (provision of a service).

(as amended by Federal Law No. 212-FZ of December 17, 1999)

The consumer has the right to refuse to fulfill the contract for the performance of work (rendering a service) and demand full compensation for losses if, within the period established by the specified contract, the shortcomings of the work performed (service provided) are not eliminated by the contractor. The consumer also has the right to refuse to fulfill the contract for the performance of work (provision of a service) if he discovers significant deficiencies in the work performed (service provided) or other significant deviations from the terms of the contract.

(as amended by Federal Law dated December 21, 2004 N 171-FZ)

The consumer has the right to make claims related to defects in the work performed (service provided), if they are discovered during the warranty period, and in its absence, within a reasonable period, within two years from the date of acceptance of the work performed (service provided) or five years in relation to the defects in buildings and other real estate.
——————————————
In relation to the work (service) for which a warranty period is established, the contractor is responsible for its shortcomings unless he proves that they arose after the work (service) was accepted by the consumer as a result of his violation rules for using the result of work (service), actions of third parties or force majeure.