Poor quality car repairs: examination, claim and judicial practice

Signs of poor quality repairs

In a private service, when carrying out work, mistakes may be made such as poor painting, installation of old non-working parts, illiterate installation of individual elements, which subsequently require more serious repairs and cause damage to the owner.

The sooner deficiencies are identified, the greater the likelihood of a positive outcome for the customer.

What can work in his favor:

1. Agreement concluded with the service . If it does not specify other conditions, then if any shortcomings are discovered, the driver can contact the company and demand correction of the mistakes made.
2. Check . A receipt indicating the fact of the concluded contract can also help in solving the problem of poor-quality repairs between the parties.
3. Witnesses . It’s good if the customer had acquaintances, friends or relatives nearby when contacting the service, ready to confirm the fact of ordering repair work.

Judicial practice shows that it is not always possible to obtain a refund, re-repair or other kind of compensation just by contacting the service.

It is often necessary to prove that the driver’s problem was precisely due to incorrectly performed repairs carried out by this organization.

Independent examination

An independent examination of poor-quality car repairs is usually ordered by the court in the following cases:

• the car service does not admit guilt;
• the case raises doubts in the court;
• the plaintiff's lack of persuasiveness.

The procedure for proving negligent repairs in court can take up to a month, and in some cases longer.

The final and most important decision is made directly by independent experts.

Returns during the warranty period

During the warranty period, the car dealership is obliged to return the money for the vehicle or replace it with a new one in the following cases:

• a significant defect has been discovered in the vehicle. The preamble of the Law of the Russian Federation dated 02/07/1992 No. 2300-I “On the Protection of Consumer Rights” provides a clear definition of a significant deficiency: “a significant deficiency of a product (work, service) is an irreparable deficiency or deficiency that cannot be eliminated without disproportionate costs or waste of time, or is detected repeatedly, or appears again after its elimination, or other similar deficiencies.” So, if after the repair the same faults were identified that led to the repair of the vehicle, then this is also considered a significant drawback;
• it was impossible to use the vehicle for its intended purpose for more than thirty days during the warranty period, since during this period the vehicle was under repair.

Important! Let us note that in paragraph 14 of the Resolution of the Plenum of the Supreme Court dated June 28, 2012. No. 17 “On the consideration by courts of civil cases in disputes on the protection of consumer rights” the following definition is given: “In relation to a technically complex product, as a defect of the product under paragraph 1 of Article 18 of the Law on the Protection of Consumer Rights, one should understand various defects of the product, the elimination of which in the aggregate time is wasted resulting in the impossibility of using the product (work, service) for more than thirty days during each year of the warranty period.”

This means that in order to be returned or replaced, the vehicle must be under repair for more than thirty days within the one year warranty. In this case, the days may not be consecutive.

For example, you were forced to send your vehicle in for repairs in January. At the same time, the repair work took 15 days. The next time we turned to the services of a car repair shop was in May. This time the work took 10 days.

And so, in September we were forced to send the vehicle in for repairs again. This time the work took 6 days. In total, the vehicle was under repair for 31 days.

If the service station, before starting to repair the vehicle, notified you in writing that this work would be lengthy and specified the exact deadlines for completion, then based on the norms of Art. 20 of the Law of the Russian Federation dated 02/07/1992 No. 2300-I “On the Protection of Consumer Rights”, the period of such work can be increased to 45 days, but no more.

In most cases, the warranty period for a vehicle is two to three years. For such a long time, unscrupulous car dealerships have been trying to use them to their advantage. How does this happen? It's quite simple. The employees of such a salon will convince you that the vehicle must be under repair for at least 30 days in each year of the warranty period.

Remember! Based on these statements, the machine must be repaired within 90 days. But such an original interpretation of the current legislation of the Russian Federation is unlawful.

There is a clear definition that a citizen has the right to demand termination of the purchase and sale agreement for any product, including those that are technically complex, if within one year the citizen cannot use the product for more than 30 days due to the product being under repair.

An analysis of judicial practice shows that courts of various instances, including the Supreme Court of the Russian Federation, if a car dealership allows such a free interpretation of the law, take the side of the citizen and make a decision in his favor.

Attention! But to prove that you could not use the vehicle for more than 30 days in a year due to the car being repaired, you will need to provide the court with materials that confirm both the fact of the repair work and its duration.

Therefore, be sure to save materials received at service stations. We specifically note that the calculation of the thirty-day period begins not from the day when repair work began on the vehicle, but from the day when it was handed over to a service station.

When receiving a work order, pay attention to the dates that will be indicated on it. Do not agree to sign this document retroactively.

If there is no documentary evidence that the vehicle was under repair for more than 30 days in one year, then you will not be able to go to court.

Watch the video. Rules for returning a car to the dealership:

Where to contact

There can be only two answers to the question of where to complain about poor-quality car repairs. First of all, you should contact the car service that performed the repair work and state your requirements.

If it is not possible to obtain an answer, then the next authority will be the local judicial authority. To apply there, you will need to file a claim yourself or with the help of a specialist, after which the court will order an examination.

The result of the consideration will be satisfaction of the plaintiff’s demands or refusal.

Poor quality repairs under OSAGO

Some service stations that cooperate with insurance companies, after recording an insured event, may be dishonest in performing repair work.

What to do if your car has been repaired poorly under compulsory motor liability insurance:

1. Conduct an examination. An independent service station can help with this, which will diagnose the car and confirm the fact of incorrectly performed repairs.
2. Drawing up a claim and sending it to the insurance company.
3. Waiting for a response from the company. An acceptable period of waiting for a response can be considered 1-1.5 months.
4. Going to court. If there is no response from the insurance company within the established period, then it is necessary to draw up a statement regarding the situation that has occurred and contact the local judicial authority.

According to the law for 2020, insurance companies can completely replace cash payments with services for restoration and repair work on cars.

What can you claim in case of improper repair?

The list of demands that a car owner can present to the insurance company in case of poor-quality repairs under compulsory motor liability insurance is prescribed in the law “On the Protection of Consumer Rights”. It includes the following:

• re-repair of the machine;
• return of funds spent;
• monetary compensation for damages;
• payment of additional expenses that were required due to unscrupulous repairs;
• payment for the services of an independent expert;
• payment of legal expenses.

How to write a complaint correctly

Before filing a claim for poor-quality car repairs, it is recommended to contact the dishonest service and try to solve the problem peacefully.

If nothing can be resolved, then it is necessary to send a special application to the court, consisting of the following elements:

1. A cap . The header contains detailed information about the car service, including its official name and address, as well as the motorist.
2. Document's name . Be sure to write the name of the document in the center of the sheet after the header - claim, statement or complaint.
3. Circumstances . The main part of the complaint will be a description of the situation. It is very important to indicate as many details as possible, for example, the date of contacting the service, a complete list of services provided, the specific amount paid, etc. All this data can play a significant role in legal proceedings. You should also describe in detail the shortcomings of the repairs performed and the availability of evidence of these shortcomings, if any.
4. Requirements . Based on the above circumstances, the customer has the right to present his demands, which, in the event of a positive court decision, will be satisfied.
5. Applications . The appendices contain a list of documents that the plaintiff considers necessary to provide to the court. This may include a contract for the provision of services, a guarantee, checks, examination results, checks for additional costs, etc.

Filing a claim is not always a simple process; often the plaintiff cannot cope with it on his own due to insufficient information or evidence.

If such difficulties arise, you should contact a lawyer who will help you correctly draw up an application and collect the necessary documents.

What can an applicant request?

The Consumer Rights Protection Law allows a driver who has received a poorly repaired car from a service center to demand through court:

• refund;
• compensation for damage in monetary terms;
• payment of additional costs that were required as a result of poor-quality repairs;
• re-repair of a car.

The plaintiff’s demands should not go beyond what is reasonable, otherwise they will not be satisfied by the court. Usually the simplest demands are accepted, such as returning money or re-carrying out repairs .

When answering the question of what to do if you have received poor-quality car repairs, it should be noted that there is no need to panic: the law is on the side of the plaintiff.

As a rule, most proceedings are resolved in favor of car owners and within a few weeks they manage to return the car to its previous condition.

Video: Protecting consumer rights in case of poor quality repairs

Since March 2020, amendments have been made to the Federal Law No. 40, according to which compensation for damage caused in an accident can be made in two ways:

1. By paying insurance compensation.
2. By organizing vehicle repairs at a service station.

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The second option for settling an insured event is called “Compensation for damage caused in kind.” Such compensation is also possible in two ways:

1. The insurer organizes repairs independently at the service station with which it has an agreement.
2. The victim organizes repairs independently at a service station with which the insurer does not have an agreement.

In both cases, the cost of repairs is paid by the insurer, but if the victim decides to organize the repairs himself, he must obtain written consent from the insurance company.

Dear readers! In our articles we consider typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , please contact us through the online consultant form on the right or call us at:

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Reasons for return

In accordance with the norms enshrined in the Law of the Russian Federation of 02/07/1992. No. 2300-I “On the Protection of Consumer Rights”, there are a number of cases when it is possible to return a previously purchased vehicle to a car dealership.

In this case, a lot will depend on how much time has passed since the moment when the vehicle was purchased.

So, if no more than 15 days have passed since the sale of the vehicle, then any, even the most insignificant, defect identified in the vehicle can serve as the basis for processing the return of the vehicle to the car dealership where it was previously purchased.

In addition, you can require the car dealership to replace the vehicle with another. But at the same time, if the vehicle you are talking about replacing is more expensive than the previously purchased one, you will have to pay the difference between the cost of the vehicle being returned and the one received.

If, on the contrary, the replacement costs less, then the car dealership will be obliged to pay the difference in the cost of the vehicles. If more than 15 days have passed since the purchase of the vehicle, then the situation with the return changes significantly. This does not mean that you will not be able to return the vehicle to the seller.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

But this can only be achieved in the following situations:

• a significant defect has been identified in the vehicle that prevents further safe operation of the vehicle;
• if the vehicle was under warranty service for more than 30 days, which was required to eliminate repeated faults;
• if the same breakdown in a vehicle occurs two or more times;
• if it is discovered that the vehicle does not comply with the technical documentation of the manufacturer;
• if it took more time to eliminate the identified deficiencies than was initially stated.

Within 15 days after purchase, the car can be returned due to any malfunction.

How to return a car part if you don’t need it, read here.

How to get an online consultation with a car lawyer for free, read the link:

In accordance with the norms of the Law of the Russian Federation dated 02/07/1992. No. 2300-I “On the Protection of Consumer Rights”, only those defects will be recognized as serious defects, the costs of eliminating which are comparable in cost to part of the cost of the vehicle itself.

In addition, a defect that reappears after work has been carried out to eliminate it will be considered serious.

In all the cases described above, it will be possible to return the vehicle only during the warranty period.

But if you can prove that the identified defect arose not as a result of operation, but as a result of design violations, then you can return the vehicle directly to the manufacturer.

Procedure after poor-quality vehicle repair

Poor quality car repairs are regarded as improper fulfillment of the insurer’s obligation to provide insurance compensation in kind. In this case, the victim can take advantage of the rights provided by paragraph 1 of Art. 29 of the Law on the Protection of Consumer Rights: “If deficiencies in the work performed are discovered, the consumer has the right, at his choice, to demand reimbursement of expenses incurred to eliminate the deficiencies on his own or by third parties.”

The legislator has regulated the procedure for resolving disputes between the insurer and the victim in the event that a car is repaired at a service station with poor quality. These rules are contained in paragraph 5.3 of the OSAGO Rules.

What does the procedure for organizing repairs and filing a claim look like:

1. Contacting the insurer , indicating in the application for insurance compensation in kind.
2. The car is inspected by the insurer . The amount of restoration repairs is calculated according to the Unified Methodology.
3. The victim receives a referral for repairs within 20 days.
4. The vehicle is taken to a service station and repairs must be made within 30 days.
5. The victim accepts the car and signs the acceptance certificate for the restored vehicle.
6. If the victim sees shortcomings in the repairs carried out, he indicates all the claims in the acceptance certificate.
7. The insurer is given five days to review claims . During this period, he must organize an inspection of the vehicle and notify the victim, the latter must provide the vehicle for inspection.
8. An inspection report is drawn up and a decision is made to satisfy or refuse to satisfy the victim's demands . A copy of the report is issued to three parties: the victim, the insurance company and the service station representative.
9. If the claim is denied, the victim must seek the services of independent experts . They will calculate the cost of work to eliminate the deficiencies.
10. Draw up a claim in accordance with clause 5.1 of the OSAGO Rules and submit it to the office of the insurance company.
11. The insurer is given ten days to consider the claim . During this period, the insurer must decide whether to grant or deny the claims.
12. In case of refusal, prepare a statement of claim and go to court.

Conducting an independent examination

The opinion of an independent expert will form the basis of the victim’s claims. The car owner cannot substantiate the claim with arguments such as “I see a crack in the coating” or “Something rattles from behind while driving.”

For the requirements to be justified, you need the opinion of a specialist who has special knowledge in this area. The content of such a conclusion will indicate whether any deficiencies were made during the repair work, and how much it will cost to eliminate these deficiencies. You should not skimp on this, because the expert report will help protect violated rights.

When going to court to recover the costs of eliminating deficiencies, you can also file a claim for reimbursement of the costs of paying for the services of an expert. Thus, the money spent can be returned.

Procedure for filing a pre-trial claim

Filing a claim is a pre-trial procedure for resolving a dispute. Completing this procedure is mandatory, because these are the requirements of the law (Part 1, Article 16.1 of the Federal Law “On Compulsory Motor Liability Insurance”).

To maintain order, you should adhere to these rules:

1. You must file a claim after the insurer has reviewed the complaint regarding poor quality repairs.
2. The claim must be filed in accordance with clause 5.1 of the OSAGO Rules .
3. Submit the claim to the insurer and retain proof of submission.

How to properly file a claim

The registration requirements are contained in clause 5.1 of the OSAGO Rules. Thus, the claim must contain:

1. Name of the insurance organization.
2. Full name and address of the applicant (the address must be indicated to receive mail).
3. Circumstances of the application (you need to describe the events: what happened when the applicant applied to the Investigative Committee, and when the vehicle was repaired).
4. An indication of the shortcomings of the repair and how they are confirmed (you can rewrite the conclusions from the expert’s report and indicate the details of the report itself).
5. A link to the law that was violated by the insurer.
6. Applicant's requirements . For example: “I ask you to reimburse the costs of eliminating the deficiencies of poor-quality car repairs by paying an insurance compensation.”
7. The procedure for fulfilling the requirements : carrying out repair work, paying insurance compensation according to account details or issuing cash at the cash desk. If you choose non-cash payment, you must provide bank details.
8. Full name and signature of the applicant.

What documents will be needed

The following must be attached to the claim:

• copy of the applicant's passport;
• a copy of the vehicle registration certificate or a copy of the PTS;
• copies of procedural documents drawn up by traffic police officers, or a notification of an accident;
• copy of the MTPL policy;
• a copy of the independent expert's report.

If during the initial application the policyholder submitted the documents specified in the list, then they do not need to be attached to the claim.

How and where to file a claim

A claim can be submitted in two ways:

1. In person to the insurer's office.
2. Postal service.

If the policyholder decides to submit a claim through the office, then it is worth contacting the insurer’s Loss Settlement Center. In this case, you need to ask to put an incoming stamp on your copy of the claim. This will be proof that the insurance company has received the claim.

If the policyholder wants to send the appeal by post, then you need to send a registered letter with a list of attachments. The postal service receipt and an inventory of the contents will be evidence of the claim being sent to the insurance company.

How to sue an insurer

Insurance companies do not always comply with the demands of their clients on a voluntary basis. Therefore, you should apply to the court to protect your rights.

The procedure for going to court is regulated by the norms of the Civil Procedure Code. When going to court, you should adhere to the following procedure:

1. It is necessary to prepare a claim and file it in accordance with the requirements of Art. 131 Code of Civil Procedure of the Russian Federation .
2. Documents confirming the plaintiff’s arguments must be attached to the claim . Article 132 of the Code of Civil Procedure of the Russian Federation indicates what documents will be needed when applying.
3. The claim is filed in court at the place of residence of the insured.

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It is worth knowing that claims against insurance companies fall into the category of claims for the protection of consumer rights, therefore they are not subject to state duty.

A mandatory requirement is compliance with the pre-trial dispute resolution procedure. If you do not attach a copy of the claim and evidence of its sending to the insurer to the claim, then such claim will be returned to the applicant.

What to do if you purchased a low-quality car

If you find that the quality of the purchased vehicle does not meet the requirements for it, and decide to return the vehicle back to the dealership, you must competently file a claim.

In this document, demand that the car dealership that sold the vehicle completely eliminate the identified violations. The car dealership is given a thirty-day period during which it must prepare and send a response to the submitted claim.

If the salon refused the demands set out in the claim or simply ignored the claim, then in order to protect its legal rights and interests it is necessary to apply to the courts.

Until you receive a refusal from the salon to satisfy the requirements set out in the complaint, or until the expiration of the thirty-day period established by law, going to court is unacceptable.

Please note! In addition, if the car dealership agreed to eliminate the deficiencies that were found in the vehicle purchased from the dealership, and took the vehicle to carry out work to eliminate the defects, you also cannot go to court.

This opportunity will only appear if, after corrective work carried out at the salon’s expense, the problems reappear.

Analysis of statistical data shows that cases when a car dealership agrees to fully satisfy the consumer’s requirements and resolve the dispute through pre-trial settlement are quite rare. But, nevertheless, such cases do occur. And, there is always a chance that the car dealership will decide not to take the case to court.

But, unfortunately, the number of disputes arising between car dealerships and buyers that were resolved pre-trial is significantly lower than we would like.

Therefore, if the car dealership refuses to satisfy the requirements set out in the complaint, contact the courts and protect your legal rights and interests there.

Note! Judicial practice shows that most often car owners seek protection when car dealerships refuse to return or exchange a previously purchased vehicle that turned out to be of poor quality, and also perform poor-quality repair and warranty work on cars.

To some extent, car dealerships can be understood. They strive to reduce losses and to do this, they try to reduce the degree of liability to customers in every possible way. Often such attempts cross the line of legality.

Knowing this, the car dealership may decide that a case brought to trial will result in much greater costs for it, and will voluntarily satisfy the demands put forward.

Judicial practice to protect the rights of policyholders in case of poor-quality car repairs

Rassokhina turned to SPAO "Reso-Garantiya", where the liability of the culprit of the accident was insured. The insurer arranged for the damaged vehicle to be repaired and paid for it. After the repair, Rassokhina saw that the parts were poorly painted, and the damaged headlight had not been replaced. The court found that the insurer carried out repairs poorly and unreasonably refused to replace the headlight. Therefore, from SPAO Reso-garantiya in favor of Rassokhina, the following were recovered: insurance compensation in the amount of 26,761 rubles, a penalty in the amount of 10 thousand rubles, compensation for moral damage in the amount of 2 thousand rubles, a fine - 13,380.5 rubles. and expenses for specialist services.

Zakharov contacted USC JSC regarding an insured event. The insurer organized the repairs, the parties signed the acceptance certificate. After some time, Zakharov turned to the insurer with a claim for poor-quality repairs and attached an expert opinion. The insurer issued a second referral for repairs, but the plaintiff did not provide the car to the service station. Instead, he applied to the court to pay the costs of correcting the defects. During the trial, it was established that all repair deficiencies are removable; a representative of the service station explained that they would be able to eliminate the deficiencies as soon as possible. The court refused to satisfy the plaintiff's demands, citing the fact that the actions of the insurer did not violate the rights and legitimate interests of the plaintiff Zakharov.

The policyholder contacted PJSC IC Rosgosstrakh regarding an insured event. The insurer organized and paid for repairs to the damaged vehicle. After the repair, the policyholder turned to an expert, who determined that the repair was carried out poorly, but the shortcomings were removable. With the expert's opinion and the claim, the policyholder contacted Rosgosstrakh with a demand to pay money to eliminate the defects, but the insurer refused, citing that there were no defects and the repairs were carried out efficiently. The expert found that the car doors were not painted in accordance with GOST, and there were also traces of corrosion. The insurer, in turn, provided a receipt indicating that a new original door was purchased for repairs. The court ordered a forensic examination, which established that the repairs were made with minor defects, and the installed door was used. Based on this, the court satisfied the insurer’s demands and recovered almost 100 thousand rubles from the insurer.

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And he won

In 2008, I took the car to a service center for scheduled maintenance.

And a year later, the engine of the car broke down due to a crookedly installed cheap part - the drive belt. I sued the car service and won.

The litigation lasted two years. And in this article I will tell you how it all happened.

Get it done in 14 days

If within 14 days from the date of purchase of the vehicle you have identified a significant defect or malfunction in it, the elimination of which will require significant financial costs, then immediately file a claim and send it to the car dealership.

It is necessary to understand that the return of funds that were previously paid as payment for the purchased vehicle, or the exchange of a vehicle for another is extremely unprofitable for the salon.

Based on this, the car dealership employees will make every effort to convince you that the salon has nothing to do with the problems that have arisen. The main goal of the employees is to persuade you to withdraw your claim.

But you should not succumb to such persuasion and persuasion. Just wait until the deadline expires, which, in accordance with current legislation, is allotted for considering the claim and drawing up a response.

If, after this period, your demands are refused or simply not answered, then you can safely contact the courts.

Attention! Let us note that an independent examination carried out on your own, the results of which will confirm the legality of the requirements, will significantly increase the chances that, following the results of legal proceedings, the court will make a decision in your favor.

Maintenance

In August 2008, I drove my Renault to a car service center for scheduled maintenance. The mileage was approaching 120 thousand kilometers, and a bunch of parts needed to be replaced on the car.

The car service specialized only in Renault, and was respected among the “renault” community.

They did it for me quickly. All consumables were replaced according to the automaker's regulations. The service provided a 90-day guarantee for work and 30 days for spare parts.

I had no complaints about the quality of work then. I paid 47,994 rubles for the work order and left.

Out of old habit, I kept the original work order and cash receipts for payment at home in a folder with other documents.

Accident and expensive repairs

11 months later, in July 2009, the car’s engine stalled while driving. I had to call a tow truck and drag the car to a car service center. To the same service center specializing in Renaults where I had my maintenance done a year ago.

The technicians diagnosed the faults and reported that the engine's valves were bent. They found the drive belt to be the culprit of the breakdown. A piece of rubber came off, wound around the crankshaft pulley and shifted the valve timing.

The total cost of engine repairs including replacement of valves and repair of the cylinder head cost me 121,612 rubles.

While the repair was underway, I decided to delve into the documentation for the car and find out how long the drive belt usually lasts. Mine broke after not even working for a year.

It turned out that in accordance with the standards and the representative of Renault in Russia, Avtoframos OJSC, the drive belt is changed every 60,000 km of the vehicle or every 4 years when the first limit is reached. This means that the service life of the drive belt is the equivalent of 60,000 km of vehicle mileage or 4 years from the date of the last replacement. Mine lasted a year. The car service either sold me a low-quality part or installed it crookedly. And I can legally demand reimbursement for expensive repairs.

Statement of claim for the return of funds for a car with defects

It doesn’t matter how you bought the car, as an individual or legal entity, you can go to court in any case if the seller refuses to fulfill your demands. Of course, our recommendation to you is to seek legal assistance from lawyers who have already dealt with similar cases. But if you decide to do everything yourself, then you need to prepare a statement of claim using the link provided, you can see a sample of it.

Writing a claim is regulated by Article 131-132 of the Code of Civil Procedure of the Russian Federation. The statement of claim must contain the information of the plaintiff and defendant, the main essence of your claims, indicating all the evidence, and links to articles of the law that, in your opinion, were violated. You also attach the entire package of documents, for example, a purchase and sale agreement, submitted claims, receipts and checks, a loan agreement (if the car was purchased on credit), etc. An important condition will be to conduct an independent examination to determine the causes of malfunctions.

Next, the buyer, as an individual, must send his statement of claim to the appropriate court established by the Civil Code of the Russian Federation and the Law on PPP; the claim can be filed at the place of residence of the plaintiff, the location of the defendant, or at the address where the purchase and sale agreement was concluded.

In court, the plaintiff may file a claim for the return of the amount paid, the collection of penalties, legal costs and examination costs, and moral damages.

The time frame for court consideration of such cases is two months from the date of acceptance of the statement of claim.

Pre-trial claim

On the advice of a lawyer friend, before starting a dispute with a car service center, I paid for engine repairs and picked up the car from the service center. So I had documentary evidence of the amount of material damage caused by their actions: a work order signed by the car service center, and a cash receipt with the amount of payment.

In addition, the trial promised to be long, and the car service center would hardly have given me the car, knowing that I was not going to pay for the repairs.

All the damaged parts removed from the car during repairs were put in my trunk. I took them with me and prudently kept them for the trial.

To comply with the formalities of civil proceedings, I submitted a pre-trial claim to the management of the car service center. In it, I described in detail the entire chronology of events and the grounds for compensation of my expenses:

I try not to trust important documents to the Russian Post, so I took the claim to the service center in person. There I handed the document to the service director for signature.

Since the case took place in 2009, the claim gave the defendant five days to voluntarily reimburse my expenses. Currently, by law, this period is at least ten days.

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The response from the car service came on the same day. They called me and said: “You can’t fix it for free.”

I invited a lawyer for the trial with the car service. Together we drew up a statement of claim:

In the lawsuit, I demanded to recover from the car service:

1. The cost of car repairs is 121,819 rubles 75 kopecks.
2. Costs for a lawyer - 40,000 rubles.
3. Compensation for moral damage - 200,000 rubles.
4. Penalty for refusal of voluntary compensation.

The total amount of claims amounted to 361,819 rubles 75 kopecks.

In the claim, I immediately indicated the costs of a lawyer, which, by law, the defendant is obliged to reimburse in the event of a court decision in my favor.

I indicated the amount of compensation for moral damage with a reserve, since the law does not regulate the amount of such damage. As the lawyer explained, the Russian court in most cases significantly reduces the size of the “morality” and the rule works here: the more you write, the more you get.

Even before the trial began, friends advised not to get involved in litigation. They were sure that nothing would work out for me and that I would only waste my nerves, time and money.

I filed a statement of claim with the Nikulinsky District Court of Moscow at my place of registration. I immediately rejected the option of filing a lawsuit at the location of the defendant: there was a risk that the car service had long established friendly relations with this court.

The first court hearing was preliminary. At this stage, the court hears the parties, gets acquainted with the essence of the claim and sets a date for a hearing to consider the case on the merits.

At the preliminary hearing, I told the court the whole story of what happened to my car and asked to satisfy the claim. The defendant's lawyer, in turn, did not agree with the demands and asked to dismiss the claim.

After which the substantive meetings began. There were nine of them in total, and they spanned two years.

The fact is that the court immediately informed the parties that the dispute was related to a technical breakdown of components and mechanisms. And since the court is not an expert in this matter, it proposes to conduct a forensic technical examination to make a decision.

When is it not permissible to withdraw from a contract?

There are two situations in which withdrawal from a purchase and sale agreement is not permitted:

— the buyer’s actions may be qualified as abuse of rights;

- the party having the right to such refusal confirms the validity of the contract; subsequent refusal on the same grounds is not allowed.

As an illustration of the first situation, we can cite a court decision in which the court, despite the presence of defects identified in the car, refused to terminate the purchase and sale agreement for the buyer.

Example

The plaintiff's car was under warranty repair for more than 30 days only during the first year of the warranty period. After this, the plaintiff used the named car for two years and did not send any demands to terminate the contract to the defendant. And then he went to court. Moreover, there were no significant defects in the plaintiff’s car at the time of going to court.

By virtue of clause 4 of Art. 1 of the Civil Code of the Russian Federation, no one has the right to take advantage of their illegal or dishonest behavior. Article 10 of the Civil Code of the Russian Federation provides that the exercise of civil rights solely with the intention of causing harm to another person, actions in circumvention of the law for an unlawful purpose, as well as other deliberately dishonest exercise of civil rights (abuse of law) are not allowed. In case of failure to comply with these requirements, the court, arbitration court or arbitration tribunal, taking into account the nature and consequences of the abuse committed, refuses to protect the plaintiff’s rights in whole or in part, and also applies other measures provided for by law.

From the above legal norms it follows that the plaintiff may be refused to terminate the purchase and sale agreement if the behavior of such a person does not meet the requirements of good faith and reasonableness. In the situation under consideration, the plaintiff’s behavior allowed us to say that his actions to terminate the purchase and sale agreement were an abuse of law, which was a sufficient basis for dismissing the claim.

(Determination of the Supreme Court of the Russian Federation dated July 18, 2017 No. 16-КГ17-21)

In order to understand the logic of the court’s reasoning in the second situation, let us turn to paragraph 5 of Art. 450.1 Civil Code of the Russian Federation. According to this rule, if, in the presence of grounds for refusal of the contract (execution of the contract), the party having the right to such refusal confirms the validity of the contract, including by accepting from the other party the latter’s proposed fulfillment of the obligation, a subsequent refusal on the same grounds is not allowed.

In the situation under consideration, despite the emergence of grounds for terminating the sales contract, the consumer does not return the car he purchased, continuing to use it, which indicates that he is generally quite satisfied with the quality of the vehicle. Thus, the consumer confirms the validity of this agreement and loses the right to terminate it on this basis.

Example

The plaintiff, having received the car after warranty repairs, using it for a significant time, including after filing a claim for cancellation of the contract, actually chose and exercised the provided right to eliminate the defects of a technically complex product under warranty, in the form of repairs. The consumer’s free and conscious choice of the method of eliminating defects in the form of repairs is objectively confirmed by the actions of the plaintiff in receiving the car after repairs and its long-term use for its intended purpose to date. Under such circumstances, the court left the consumer's claim for termination of the sales contract and for the return of the purchase price without satisfaction.

(Appeal ruling of the Kemerovo Regional Court dated October 19, 2017 No. 33-10740/2017)

Thus, if the identified defects of the car were eliminated by repair, it is considered that the plaintiff has already implemented his chosen method of protecting his right when defects were discovered in the product (Appeal ruling of the Moscow City Court dated January 18, 2017 in case No. 33-1822). Therefore, his right to terminate the contract on this basis is terminated (Appeal ruling of the St. Petersburg City Court dated February 1, 2016 No. 33-2036/2016).

To summarize, we can advise the consumer to exercise his rights carefully, choosing, depending on the situation, those methods of protection that are most consistent with his property interests. The presence of grounds for termination of the purchase and sale agreement allows the consumer to claim funds paid towards the cost of a low-quality car. In this case, there is no point in agreeing to repairs, extending the warranty period and other options offered by the seller or the manufacturer’s representative office, but using, if there are grounds, the right to withdraw from the contract. When exercising this right, it does not matter the fact that the seller fulfilled its obligations to maintain the car in full. This circumstance does not affect the consumer’s right to withdraw from the contract and return the purchase price paid for the car (Appeal ruling of the St. Petersburg City Court dated 06/08/2017 No. 33-10627/2017).

Forensic technical examination

A forensic examination in 2009 cost 40,000 rubles. The court assigned the costs of payment to the car service. This is where the damaged parts that I saved after repairing the damaged engine came in handy.

Advice

Always ask the service center where you are repairing your car to put all replaced parts in the trunk. And try to keep them for at least a year after the repair. They can become key evidence if you decide to sue the service.

Before the court issued a ruling on the appointment of a forensic technical examination, the parties were able to formulate questions for the experts.

I wrote this:

• Could the engine have been damaged due to a defective drive belt installed during scheduled maintenance, or due to poor installation of such a belt?

The car service lawyer wrote the following:

• Could the engine be damaged by an external force such as a rock, sand or branch?
• Could the engine be damaged due to low-quality gasoline?
• Could the engine be damaged due to improper operation of the car?

An examination of the damaged parts took place a year after the start of the trial. All this time, the car service was stalling as best it could, changing lawyers, and refusing to pay the costs of the examination. Four hearings passed before the court made a final decision to order a forensic examination.

It was carried out by experts from the State Scientific Center of the Russian Federation Federal State Unitary Enterprise NAMI. No one came from the car service center for the examination.

Based on the results of the research, the experts prepared a conclusion. In it, they refuted all the assumptions of the car service and established that the engine could not have broken down due to external influences, bad gasoline or improper driving of the car. The main reason for the breakdown, according to experts, is poor-quality installation of the drive belt.

In paragraph 4.4. experts clearly indicated that the cause of the breakdown was poor installation of the drive belt

You have owned the car for more than 15 days

The buyer can return a car with defects; there are three legal grounds for this.

In any case, it is impossible to do without examination.

1. There is a significant drawback. It is necessary to prove the significance of the detected defect, as well as the fact that it did not appear through the fault of the car owner.
   

   The following disadvantages are considered significant for a car:

   defects that cannot be eliminated; correction requires significant funds; requiring excessively long repairs; reappearing after elimination; several problematic issues in combination, each of which makes it impossible to use the car.

2. Constant repairs more than 30 days a year. The vehicle could not be used for its intended purpose for more than 30 days in each warranty year due to repeated defect corrections.
   

   For proof, document all warranty claims, even minor and short-lived ones. Require the opening of a work order, documents confirming which parts have been replaced, what work has been performed, etc.

3. Exceeding the statutory repair period. If the buyer applies for free warranty repairs, the dealer is obliged to eliminate the declared defect within an agreed period not exceeding 45 days.
   

   Lack of necessary spare parts or equipment is not a basis for extending the period. If the defect has not been corrected within 45 days, demand a full refund of the amount for the car.

Repair dates must be documented. Submit a written complaint on the day you first contact the service. If a shorter period for eliminating defects was initially set in writing, then failure to comply with it also becomes grounds for a return.

Court decision, writ of execution and damages

After the conclusion of the forensic technical examination, the last court hearing took place, to which no one came from the car service center. The court ruled in my favor and ordered to recover from the car service:

1. The cost of repairing the car in full is 121,819.75 rubles.
2. The full cost of a lawyer is 40,000 rubles.
3. Partial compensation for moral damage - 20,000 rubles.

The total amount of compensation was 181,819 rubles 75 kopecks. The court reduced moral damages tenfold, and excluded the fine from the claim altogether.

This decision suited me. I didn't challenge him.

My lawyer received the original decision and writ of execution at the court office a month after the final hearing. During this period, the defendant could challenge the decision and file an appeal to a higher authority. But he did not take advantage of this right.

To recover money from the defendant by court decision, I chose the easiest option for myself - submitting a writ of execution to the bank where the car service center has an account.

According to the law, I could write off money according to the writ of execution from the defendant’s account without acceptance. To do this, just present the sheet and your account details to the bank for transfer.

The payment receipts that were given to me after the repair indicated Alfa Bank. I filed a writ of execution in Moscow. I have attached to the writ of execution an application for recovery of compensation through the court.

The car service actually had a current account opened with Alfa Bank, and there was sufficient money in this account.

A week later, 181,819 rubles 75 kopecks were credited to my account.

Legal grounds for returning a car

A car belongs to the category of technically complex goods, and the return of such purchases has its own characteristics.

You cannot return a car to a car dealership without an objective reason provided by law.

The nuances of returning a car depend on the period in which the buyer made such a decision:

• up to 15 days from the date of transfer of the vehicle to the buyer;
• from 15 days before the end of the warranty period (at least two years);
• after the end of the warranty period until the expiration of the service life (for cars other than Honda, this period is 10 years), return is possible only by court decision.
• you became a car owner less than 15 days ago

The law makes it possible to return a car and get back the entire amount paid for it if its poor quality is proven.

This means that any detected defect, even an insignificant one, such as a burnt-out light bulb or a failed ashtray mechanism, provides grounds for returning the car.

The period of 15 days is counted not from the date of sale, but from the day the car was transferred to the buyer.

By contacting the dealer no later than this period, the buyer has the right to demand:

• refund of the amount paid for the vehicle;
• free troubleshooting;
• exchanging the car for the same one, but in full working order;
• exchange for a car of another brand with recalculation of the price;
• a proportionate reduction in the cost of a purchased car with a defect (return of part of the money).

The choice of requirement is made only by the buyer; the seller cannot insist on any option. In turn, the buyer also cannot change the chosen method of protecting his rights (for example, by agreeing to repairs, change his mind and demand the return of the car).