How to write a claim for car repairs

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Published: September 22, 2018

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It is almost impossible to prove that car service employees performed poor-quality repairs without evidence, even if all the signs of unskilled work are evident (defects in the body, components, paintwork, interior components). In this case, it is impossible to do without an independent technical examination of the vehicle.

• Where can I complain about poor quality car repairs? Pre-trial settlement
• Judicial resolution of the issue

This examination establishes:

• how well was the work done?;
• what spare parts were used by auto mechanics (original or copies);
• the installed spare parts were new or used (used);
• to what extent the repair corresponds to the work specified in the contract (if one was drawn up);
• recommendations for eliminating shortcomings and defects (if any were identified).

This expert opinion is the basis for further proceedings with the car service center, on the basis of which the car owner has the right to demand a refund of money spent on repairs or reworking the repair work. In addition, the car owner can recover compensation for moral damages from the service station if the case goes to court.

Companies conducting such examinations must have appropriate licenses to carry out such actions, and also be accredited by government authorities in the field of technical operation of vehicles.

If the company does not have such documents, then the conclusion received from the experts will not have legal force and may be rejected by the court.

CLAIM

for poor quality of car repair work

“___”___________ ____ I entered into an agreement with your organization for the repair of a car brand ______________ (state number _________, engine number ___________, body number __________, chassis number ________).

Confirmation of the conclusion of this agreement is receipt No. _______ dated “___”__________ ____ year.

In accordance with the terms of the agreement, I paid the cost of repair work in the amount of _____________ (_______________________) rubles.

Your organization has committed to repair ___________________________________

_____________________________________________________________________________

(indicate in detail which units and parts are to be replaced under the contract and which to be repaired)

However, upon receiving the car, I discovered that the repairs were performed poorly:

____________________________________________________________________________ .

(list all problems and other facts of non-fulfillment of obligations under the contract)

In accordance with Art. 4 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the contractor is obliged to perform the work under the contract with high quality. However, your organization did not do this.

In accordance with Art. 29 of this Law, when discovering deficiencies in the work performed, the consumer has the right, at his own discretion, to demand:

• free elimination of deficiencies in the work performed;
• a corresponding reduction in the price of the work performed;
• free re-performance of work;
• reimbursement of expenses incurred by him to eliminate deficiencies in the work performed on his own or by third parties.

Based on the above and in accordance with Articles 4, 29 of the Law of the Russian Federation “On Protection of Consumer Rights”

ASK:

__________________________________________________________________

(select one of the above requirements of Article 29 of the Law of the Russian Federation “On Protection of Consumer Rights”)

within _______ days from receipt of this claim.

If the claim is not satisfied voluntarily, I will be forced to seek protection of my rights in court. In this case, in addition to the requirement specified in the claim, I will file a claim for compensation for moral damage caused by the violation of my rights (Article 15 of the Law of the Russian Federation “On the Protection of Consumer Rights”).

Please provide a response to the claim within _____ days from the date of receipt of this claim.

"___"__________ ____ G. ________________/________________/

(signature)

Download the document “Claim for poor quality of car repair work”

Violations of customer rights

The most common violations of the rights of service customers in car services:

1. Failure to conclude a written agreement means that the contractor not only relieves himself of responsibility, but also conceals income from the tax service.
2. Prescribing in the contract conditions that infringe on the rights of the consumer. However, the court may declare them illegal: even if the contractor specifies a short warranty period, he is liable for it for 2 years, unless the specifics of the work stipulate a different period (Chapter 4, paragraph 44 of Resolution No. 290). If the service life of the work performed cannot be limited, liability is extended to 10 years.
3. Imposing additional services and purchasing spare parts through this organization that were not provided for in the original agreement is illegal. You cannot condition the execution of an order on the need to purchase other services (Chapter 2, Clause 20 of Resolution No. 290) without prior agreement with the customer. If such work was carried out without the client’s consent, he has the right not to pay for it.
4. Installation of low-quality parts (for example, used ones), removal of original spare parts from the vehicle and replacing them with cheap analogues. Such deception occurs quite often, so it is always necessary to draw up an acceptance certificate, and when returning the car, inspect it and draw up an acceptance report (Chapter 4, paragraph 35).
5. Delays: often owners cannot pick up their vehicles for several months. In this case, you can sue for violation of deadlines and demand a penalty in the amount of 3% of the cost of services for each day of delay (Chapter 4, paragraph 50).

Important. You should always require that parts that have been replaced be returned to the customer - the service is obliged to do this (in accordance with

from paragraph 35). They may be useful for examination if the work was performed poorly.

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Procedure for filing a claim

Two copies of the document are prepared. One must be given to a representative of the company that carried out the repair. The second copy, which remains with the consumer, records the exact date and time when it was transferred, and is also certified by the signature of the official who accepted the claim and the seal of this enterprise.

What to do if the repair organization refuses to accept the claim?

Send the document by registered mail to the addressee. At the same time, make an inventory of the created attachment and issue a receipt notification at the post office. Keep copies of all listed documents for yourself. This is necessary so that the owners of the car service do not declare that you did not draw up a claim at all, but a thank you.

Why is notification needed?

It allows you to accurately track and record warranty periods. During this period, the customer who contacted us in connection with the repair can file a claim against the company. If they were not agreed upon in advance, the deadlines are set in accordance with regulatory documents. And they say that the claim is drawn up and is valid for 6 months from the date of acceptance of the work.

How and within what time frame should a company satisfy customer requirements?

Car service workers are obliged to fulfill the client’s requirements specified in the complaint. These, according to the Law “On Protection of Consumer Rights,” include:

• free re-repair and troubleshooting;
• refund of the entire amount spent on repairs at another car service center;
• compensation for damage in monetary terms.

The listed actions must be completed within 10 days from the date of delivery of the claim. If there are none or the enterprise refuses, the owner of the car has the right to file a lawsuit. In this case, the car service will be obliged to pay both legal costs and the cost of the above listed requirements.

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The legislative framework

To appeal the actions of car services, you should rely on the following regulations:

1. “Civil Code of the Russian Federation (Part Two)” dated January 26, 1996 N 14-FZ.
2. “Civil Procedure Code of the Russian Federation” dated November 14, 2002 No. 138-FZ.
3. Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” dated May 2, 2006 N 59-FZ;
4. Law of the Russian Federation of 02/07/1992 N 2300-1 “On the protection of consumer rights”.
5. Decree of the Government of the Russian Federation N 290 “On approval of the “Rules for the provision of services (performance of work) for the maintenance and repair of motor vehicles.”