Legal Commentary & Insight from Adonis E. Hoffman, Esq.

Monday, July 15, 2013

Auto Repairs,Warranties, and Your Rights

Summertime is the height of vacation season, and for many Americans that means taking a road trip by car. 

It is always advisable to keep your car properly maintained and road-ready, and that means getting it repaired from time-to-time. Of course the bill for car repair can range from a few hundred dollars into the thousands, and many consumers do not understand what their rights are once they have paid for those repairs.  

Here are a few points to keep in mind.

Know About Warranties:  A warranty is simply a promise made by a company or manufacturer to stand behind a product, or to fix certain problems, defects or malfunctions over a period of time.  Warranties require the company or manufacturer to pay for any repairs or replacement of parts during the warranty period, which can range from a few days to many months or miles.

Dealer Warranties:  A dealer must honor the warranty that came with your new car, even if someone else does the routine maintenance and repairs.  It is illegal for the dealer to deny your warranty coverage simply because you had someone perform routine maintenance ,such as an oil change, brakes, inspections, tire rotations, etc. Under the Magnuson-Moss Warranty Act, which is enforced by the FTC, dealers and manufacturers cannot deny you coverage.  However, be aware that if the work performed elsewhere is improperly done or causes additional damage, some repairs may not be covered.

Parts: "Aftermarket" parts are those made by a company other than the vehicle manufacturer or original equipment manufacturer.  "Recycled" parts are those that were made for, and installed in, a new vehicle by the manufacturer and later removed from the vehicle and made available for reuse or resale in another vehicle. Using an aftermarket or recycled part in your car does not void your warranty.

Tips to Avoid Warranty Issues:
  • Read your warranty--Check your owner's manual, or find a copy of the manual online.
  • Remember the warranty period--Warranties, by design, are made to last for a definite period of time. Be aware of your warranty expiration period.
  • Service your car regularly--Regular maintenance will highlight any repair issues that may or may not be covered under warranty.
  • Keep good records--Diligently keep all of your service records for any work performed on your call, no matter how routine.
  • Don't be afraid to complain--If you believe the dealer or repair shop did not treat you fairly, you can contact the Better Business Bureau, the FTC, or your state Attorney General with a complaint.
Remember, you have a right to be treated fairly and honestly by every single dealer and auto repair shop. Auto repair is big business, and when it comes to looking out for the consumer in this area, the law is on your side.


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