For many motorists, even some of those car-guy types who can spout jargon like steam from a leaky rad hose, getting their vehicle repaired can be an anxiety-inducing business.
If you can't lay claim to the scarred knuckles that reveal you've actually spent some time twiddling wrenches, you, like most, will have to take things on faith when you wheel your ride into a repair shop. And, as is the case whenever you are ill-prepared to deal with one of life's potentially perilous problems, there's often someone willing to take advantage of you.
Most of the time, your faith won't be misplaced -- the majority of those engaged in fixing automobiles are as honest as any other business operators. They certainly want to maximize their profit, but they also want you to return. So keeping you happy is important.
But if you do run into someone who abuses the faith you place in them, you do have rights and there are mechanisms to help you seek redress.
Vehicle repair ranks third on the Top 10 list of complaints dealt with by the Ontario Ministry of Consumer and Business Services says assistant deputy minister Rob Dowler.
And with literally thousands of repairs performed daily, this isn't surprising. The modern vehicle is highly complex and a lack of knowledge about its workings can lead to honest misunderstandings as well as blatant rip-offs.
Dowling says common complaints include:
The lack of an estimate and subsequent surprise at the size of the bill.
Work performed without authorization being confirmed.
Deficient invoices that don't properly itemize the details of a repair,.
Stonewalling of the customer.
Poor quality repairs.
Being billed for a new part when a rebuilt or even used one has been installed.
Many of us have dealt with some of these issues with varying success over the years. If they are minor enough, we often just go away mad, never to return. But if your aggravation threshold has been seriously exceeded, Dowling says you can call the Consumer Services Bureau of the ministry at 1-800-889-8768, or contact it via email at http://www.cbs.gov.on.ca.
A staffer will take down information, provide some advice and possibly act as a mediator. "If it's a matter of communication, we'll call the company and try to get them to work with the consumer to arrive at a win-win solution," Dowling says.
If that doesn't work, and in cases where the dollar amount is fairly small, or which appear to be a violation of the agreement the consumer has with the shop but which don't contravene the Motor Vehicle Repair Act or the Business Practices Act, the consumer will likely be directed to Small Claims Court.
This is often the best path if the complaint involves the quality of the work done. In Small Claims Court, only a small fee is charged, you do not need to be represented by counsel and proceedings are fairly simple.
"If it looks like a situation where the company isn't taking care of the consumer or is acting in a manner that is unfair under the statute -- and particularly where we have had a number of complaints about the same shop -- we may refer the matter to investigation," Dowling adds.
The consumer will be required to provide a sworn written complaint. This is a fairly serious thing but not something consumers should be intimidated by, Dowling says. That will be followed up by an investigation in which all sides of the story will be looked into.
If it is determined there has been wrongdoing, charges will be laid. Penalties for an individual can include fines up to $25,000 and a year in jail and for corporations, fines up to $100,000. New legislation due this year will more than double these.
Step 1 in avoiding auto-repair problems is finding a shop you are comfortable with. You can do this by seeking recommendations from friends, neighbours or colleagues and possibly checking out the proposed shops at the Better Business Bureau. A visit to the shop to chat with the manager or owner can also reassure you or send up warning flags.
At the shop, do not sign a blank work order or you will be liable for whatever work is done. You can insist on a written estimate and the shop must provide this if asked. The shop can charge you for preparing an estimate, but only if they tell you they are going to do this in advance.
The estimate should include: a description of the work to be done; the parts to be installed and whether they will be new or used; the price of the parts; the number of hours to be billed, with the hourly rate and the total cost of labour, and the total amount to be billed. Under the law, the total cost of repairs cannot exceed this estimate by more than 10 per cent. The shop must have your permission to go beyond this.
Repair shops must have clear signs setting out charges and repair practices regarding estimates, the return of replaced parts to you, how labour costs are calculated (hourly rate and flat-rate charges), and whether commissions are paid to mechanics.
Repair shops must also provide you with a warranty on repair work. For cars, this must be at least 90 days or 5,000 km. The warranty must cover new or reconditioned parts and the labour to replace them.
Refusing to pay a repair bill can be problematic: Under the Repair and Storage Liens Act, a repairer is entitled to keep a vehicle and sell it, if a bill is not paid.
If you don't want to pay you should make an application to a court and pay the bill there. The repairer must then give you your vehicle back while the dispute is resolved.