indiana attorney general what if a car repair service center lies to consumer

by Jarrett Gerlach DDS 4 min read

What does the Indiana Attorney General's Office do for consumers?

You have a right to file a Consumer Complaint with the Indiana Attorney General’s Office if you feel any of your rights have been violated during the process of purchasing a vehicle. You can file a Consumer Complaint at www.IndianaConsumer.com or (317) 232-6330.

Should you use a service station or a dealership for auto repairs?

Welcome. Welcome to our Consumer Protection Division, Indiana's one-stop resource for consumer information and education. The Indiana Attorney General's Office is dedicated to protecting consumers from deceptive and predatory business practices. It is also committed to educating consumers to make wise choices when buying products or entering ...

What to do if your car repair shop is illegal?

May 14, 2012 · The Attorney General’s office could also sue the garage to keep them from doing the deceptive practices again. Test drive the vehicle to make sure the repair is what you wanted and that the car is working properly before you pay for the repair. If it is not, return it immediately to the shop and request that the shop fix the repair.

Should I take legal action against a mechanic who damaged my car?

Mar 25, 2022 · If you are a victim of deceptive business practices or identity theft, you are encouraged to file a complaint with the Attorney General's Office. You may also file a complaint against businesses that are violating consumer protection laws. If you have documents to support your claim, it is important that you send copies of them to us.

image

How do I handle a car repair dispute?

If you are unhappy with the repairs performed on your vehicle, complain to the shop or dealership's manager or owner. If you are not successful, contact a media action line for help and file a complaint with the BAR. Both can intervene on your behalf.Oct 14, 2018

Can you ask a mechanic for a refund?

You'll have the burden of proof if you do have to go to court and sue to get your money back or for other relief. You'll have to establish to a judge's satisfaction that the car mechanic didn't fix the problem due to issues of fraud or negligence.Apr 30, 2020

Does Indiana lemon law apply to cars?

The Indiana Lemon Law does NOT apply to used vehicle purchases. paperwork. Once you agree to purchase a vehicle, it is yours, regardless if you find mechanical problems with the vehicle after purchasing it.

Can I sue a mechanic for taking too long?

Can I sue a mechanic for taking too long? It's possible to sue a mechanic if you have given them a down payment and they haven't fixed your vehicle for a long time. This is especially true if you can prove their negligence made your car worse.Dec 7, 2021

How do you know if your mechanic is ripping you off?

8 Ways Your Mechanic Is Ripping You OffTelling you your brake rotors need to be replaced, when they don't. ... Changing the spark plugs on a 50,000 mile car. ... Emotionally blackmailing you into a repair. ... Recommending miracle cure additives. ... Sucking you in the door with free tire rotation or winter inspection.More items...•Aug 25, 2015

What does the Bureau of Automotive Repair do?

The Bureau of Automotive Repair (BAR), part of the Department of Consumer Affairs (DCA), serves Californians through effective regulation of the automotive repair and Smog Check industry.

Does Indiana have a 30 day lemon law?

The manufacturer has 30 days to accept return of your vehicle and, at your option, replace the vehicle or refund your money. If the manufacturer does not resolve your claim, you must file a lawsuit within two years from the date you first reported the problem to the dealer.

What rights do I have to return a used car?

(For a used car, “satisfactory quality” takes into account the car's age and mileage.) You have a right to reject something faulty and you're entitled to a full refund within 30 days of purchase in most cases. After 30 days, you lose the short-term right to reject the goods.

What does the lemon law cover in Indiana?

The Indiana lemon law compels manufacturers to repurchase or replace a vehicle if they are unable to “correct a nonconformity after a reasonable number of attempts.” The lemon law defines that as four or more times for the same problem without success, or if the vehicle is in the shop for 30 days or more without ...

What is the service and repair code?

The Service and Repair Code commits garages to an open, transparent and fair method of business, aiming to maintain consistently high standards across the industry. By subscribing to the Code, a garage is demonstrating its commitment to operate as a responsible business and deliver high levels of customer satisfaction.

What takes the longest to fix on a car?

Replacing an Engine People who have experienced the agony of replacing an engine, whether it's your average Joe or a certified auto technician, will say this is the greatest challenge in any car.

Do I have to pay a garage if they don't fix my car?

If you told the garage to do whatever needs to be done to fix the car, then you gave them the right to decide what work to do. You'll have to pay if the work was necessary and the price is reasonable.

When Is The Mechanic Liable For Damages Resulting from Faulty Service?

A mechanic is liable for damages caused by his or her negligence. For example, suppose your mechanic rotates your tires, but fails to properly reat...

What About The Contents of My Car?

Always contact law enforcement if items are stolen from your vehicle. Law enforcement can investigate the theft—and may help you identify the culpr...

What If My Car Is Stolen from The Repair Shop?

While it has your car, the mechanic shop must take reasonable care to protect it. If the mechanic leaves your keys in your unlocked car, he or she...

Should I Contact A Lawyer?

Claims involving auto mechanics can involve a wide variety of legal issues— including bailments, garage keepers laws, negligence, and products liab...

Welcome

Welcome to our Consumer Protection Division, Indiana's one-stop resource for consumer information and education.

Consumer Information

In times of crisis, scams become more prevalent. Scammers and fraudsters often attempt to take advantage of vulnerable consumers during difficult moments.

Mission Statement

Indiana Legal Services uses the law to fight poverty, empower clients, and improve access to justice.

Support Us

Please consider donating to Indiana Legal Services. We are a not-for-profit corporation, and your donations are tax deductible to the extent allowable by law.

Twitter Feed

Did you see this article from @ Indiana_Lawyer written about us earlier this month? Learn more about the work we ac… https://t.co/0SKbhsKN4A

Why are auto repair laws enacted?

Each state has its own set of auto repair laws that go by various names, but are primarily enacted for the purposes of protecting the average consumer. For instance, many states have laws that address unfair and deceptive practices in car repairs.

What is a mechanic repair lawsuit?

Mechanic repair lawsuits refer to a large umbrella of cases that involve issues regarding vehicle repairs and mechanics or automobile repair shops. For example, a car owner may sue a mechanic for performing unauthorized or unnecessary repairs, providing false or misleading payment estimates, or for breach of warranty.

What can a car owner do for a garage?

One thing a vehicle owner can do for a car damaged by garage during service is to sue either the repair shop and/or the individual mechanic. For example, if a mechanic caused damage to a car while they were repairing it, then the owner can hold them liable for those damages. Alternatively, if the repair shop has an insurance policy, ...

What is garage keeper liability?

The majority of states also have regulations (known as “garage keeper liability laws”) that protect both the vehicle and the items that are attached to the vehicle. For instance, a mechanic may be held liable if a vehicle’s tires, stereo system, or other car parts are stolen.

What can an auto lawyer do?

An automotive lawyer may also reach out to the repair shop and/or mechanic on a vehicle owner’s behalf before filing a claim. By opening communication lines, the lawyer may be able to persuade the repair shop to either fix the damage or to settle out of court, so no one has to experience the added stress of a trial.

What does a car owner have to prove to the mechanic?

The vehicle owner will also have to prove that the misdiagnosis was foreseeable, the mechanic’s carelessness caused the property damage, and that the damage done to the car is quantifiable.

Can a mechanic fix a problem for free?

Savvy businesses strive to keep their customers happy, so oftentimes a mechanic will repair the problem that they caused for free. If the mechanic and/or repair shop refuses to or cannot fix the damage done, then the vehicle owner should consider taking legal action.

Where to display licenses in car repair shop?

Many car repair shops will display their licenses and certifications in the shop or in the waiting room. By verifying these documents, a customer can help ensure that a qualified mechanic who is trained and capable of proper repairs will be working on the vehicle.

Who is liable for a defective car repair?

Some parties that may be liable for defective car repairs include: A shop mechanic; The owner of a repair shop; and/or. Vehicle manufacturers, especially in cases where a company mechanic is working under a warranty agreement. In most cases, car repair lawsuits are based on the theory of negligence.

What is a defective repair?

A defective car repair is a repair that is improperly done on a vehicle, as discussed above. A defective product recall is different and may be caused by a car defect which is the result of the vehicle’s manufacturer.

What happens if a car is not repaired properly?

If a repair is not properly completed, it can result in further damage or even injury to the passengers. A defective car repair can render a vehicle unsafe to drive. A vehicle that is unsafe to drive can result in physical damage to the vehicle itself, making further repairs difficult or impossible. It can also present risks to a driver, passenger, ...

How to protect yourself as an auto mechanic?

One important step an individual can take to protect themselves is research the mechanic or repair shop they plan to use.

Why is it important to have a consumer lawyer?

Since vehicles play such important roles in our everyday lives, it is important to have the help of a consumer lawyer in defective car repair situations. Car repair issues can inhibit your ability to work, take care of children and complete everyday tasks.

What is mechanic work?

In most cases, mechanic work is done in accordance with a contract between the shop mechanic and the customer. There will be terms of payment, the length of time the repair is expected to take, and any other concerns prior to the mechanic beginning work.

How long does it take to dispute a mechanic's charge?

To dispute the charge, you must do so in writing to your credit card company and it must be done within 60 days after you have received the credit card bill.

What happens if you refuse to pay a mechanic's bill?

Even if you are unsatisfied with the mechanic's explanation of the difference between the estimate and the final charge, keep in mind that if you refuse to pay a repair bill -- even a bill in dispute -- the mechanic has the legal right to keep your car until you pay. You can then file a complaint with the Attorney General's Office or ...

What is an authorization to inspect and repair?

You should get a written authorization to tow, inspect, test drive, diagnose, or disassemble any part of your car for the purposes of providing an estimate of repair costs, prior to the action being taken. This authorization should describe the actions to be taken, the charges, ...

What happens if a loan company does not approve a loan?

If the loan company does not approve the loan, and the work is already done, you may still be liable for the payment if you can't show the deception; The shop fails to notify you and secure your additional approval, in writing, for any additional work to be done that was not set forth in the original written agreement;

What is a FTC letter?

The Federal Trade Commission (“FTC”) has an example of a sample dispute letter that you may use. The credit card company will investigate the issues you have raised and find out the mechanic’s side of the dispute. The credit card company will let you know whether they agree with you or not.

Do you need a separate signature for repair authorization?

The authorizations may be on the same piece of paper, but they should require a separate signature. Read each one carefully before signing. The authorization to commence repairs should also include the date and time that you signed the form.

Can you speak for someone in negotiating car repairs?

You should not allow anyone to speak for you in negotiating car repairs on your vehicle. Deceptive shops will use this as an excuse to add on extra charges, on the grounds that some other person authorized the repairs.

Car Sales and Repair Scams

Crooks and scammers are some of the most creative people on earth. Therefore, it would be impossible to describe all the automotive repair scams that are being used to cheat honest consumers out of their money. However, some of the most common maintenance scams are described below.

Getting Help

If you have been the victim of an auto repair rip-off, you should contact a consumer protection attorney who will evaluate your case and advise you as to your legal options. Be prepared to provide your attorney with receipts, photos, and any other documentation you have which supports your case.

What does it mean when a mechanic fails to put in an oil filter?

Let's say your mechanic fails to put in an oil filter after an oil change or fails to properly install a part. Failing to put in the proper part (s) falls under the category of unauthorized repairs.

Why are chains so low?

Some chains offer a complete list of services. Chains can usually offer a relatively low price because they work on such a high volume of cars. These types of chains are best for specific types of routine maintenance.

What is a lien on a car?

A lien is a legal claim for property that has been improved or otherwise serviced. The mechanic may keep and ultimately sell your car if you do not pay the bill on time. This applies even if your car is an $80,000 luxury vehicle that received a $35 oil change.

What is UDAP law?

All states have some kind of law addressing consumer protection against unfair and deceptive acts and practices (sometimes referred to as UDAP). They can vary from one state to the next. These laws address a wide variety of practices, including things like: No predatory lending and automobile sales.

Can you sue a mechanic for unauthorized repairs?

If you have an older car and not much money, you might get work done on your vehicle that is considered crucial and let some other problems go by the wayside. If the mechanic makes unauthorized repairs and demands payment, you may be able to sue the mechanic .

Can you have a written price limit for each procedure in Illinois?

They can provide a written price limit for each specific procedure (final bill for each procedure must not exceed the estimate without the owner's consent) The Illinois law goes into additional details about how labor costs should be calculated, estimates for suggested repairs, reassembly charges, and so on.

Is it expensive to repair a car at a dealership?

These mechanics often receive specialized training. Repairs at dealerships tend to be quite expensive. Many car owners limit the use of dealership mechanics to just warranty-related repairs. General Repair Shops: While parts often cost more at service stations, as compared to dealerships, labor often is less expensive.

Where to report auto repair scams?

If a consumer thinks that he or she has been a victim of an auto repair scam, a report should be made to the state attorney general's office, to the local consumer protection agency, and also to the Better Business Bureau.

What happens if you are cheated by an auto repair shop?

Most importantly, if a consumer believes he or she was cheated by an unethical auto repair shop, the consumer has the right to sue to recover what was paid, any other costs related to the repair, attorney fees and more. An experienced attorney can usually get results very quickly.

What is a special offer hook?

The special offer hook scams that advertise a very inexpensive repair, such as oil change, and then trick consumers into buying parts that are not needed. The bad part replacement scams where mechanics either do not install new parts in the consumer's car or install used parts from some other car.

image