How to recover money for poor-quality car repairs?

Signs of poor quality repairs

When performing car repairs, various mistakes can be made. This is a bad paint job. Replacement of faulty parts with old spare parts. Incorrect installation of design elements.

Ultimately, such deficiencies will require new repairs. This means that the vehicle owner’s expenses will increase.

Therefore, it is recommended that all work be monitored by the customer. In addition, all documentation must be in order. This will only benefit the car owner.

When receiving a vehicle from a service station, the car owner must:

check the list of works specified in the contract with those completed,
make sure that the documentation, including a certificate of work performed, a check or receipt for payment for services, and a warranty certificate, is available.

Remember! If deficiencies are discovered, you should immediately demand their elimination, refusing to sign the work completion certificate. If necessary, file a substantiated claim regarding unfair repairs.

When work is carried out privately, no paperwork is drawn up. Therefore, it is recommended to obtain witness testimony. Thanks to them, it will be easy to confirm the fact of ordering vehicle repairs from a specific contractor.

As judicial practice shows, it is very difficult to achieve:

refund of money for work performed,
carrying out repeated repairs at the expense of the contractor,
compensation for the costs of new repairs from another specialist.

When going to court, it can be difficult to prove that the problem lies specifically in the repair of a vehicle at a specific service station.

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

What rights remain with the car owner?

If the court recognizes that the car owner is right, and this happens quite often, then the deceived owner of the car has the right to demand the following from his offenders:

Re-repair your car using high-quality spare parts and consumables. Of course, this repair should be completely free.
Refuse to carry out repeated repairs and receive back the amount indicated in the car service receipt. In this case, the spare parts installed by the service center remain on the car.
Compensate for damage caused to the owner of the car, namely: the costs of consulting a lawyer, conducting an independent examination, and transporting the car if, after repairs, the car suddenly became somewhere on the road.

A separate topic is the collection of funds from insurance companies after car repairs. In this case, the process may take up to 1.5-2 months, and insurers themselves have the right to set conditions. For example, do not pay funds after repairs, but re-repair the car.

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Liability for poor quality vehicle repairs

If the car owner is not satisfied with the quality of work, it is recommended to send a formal complaint to the contractor. However, there is no point in doing this without an expert’s opinion.

A legally competent claim and a specialist’s opinion will allow you to count on a positive result. If the outcome is negative, you will have to go to court.

Please note! When filing a claim, the consumer has the right to demand recovery of the following payments:

money spent. In this case, the amount that is officially issued through the cash desk or bank account of the performer is subject to refund.
payment for the services of an expert who conducted a study at the request of the car owner,
reimbursement of attorney fees,
refund of the state fee paid when filing a claim,
compensation for moral damage caused.

If the claims are satisfied, the declared amounts are subject to recovery from the unscrupulous performer.

Where can I complain about poor quality car repairs?

The rights of a motorist in case of poor-quality repair of a vehicle are regulated by the Civil Code of the Russian Federation (according to paragraphs 1, 2 of Article No. 721 of the Civil Code of the Russian Federation, the quality of the work performed must comply with the terms of the concluded contract) and Federal Law No. 2300-1 “On the Protection of Consumer Rights” dated December 7, 1992 (as amended on June 4, 2021).

The car enthusiast should rely on the results of the examination. If defects were identified as a result of repair work, then according to the law, the car service center is given 20 days to eliminate the defects, after which the service station must return the car to the owner in proper condition. For each day of delay in the allotted time, the owner has the right to demand payment of a penalty in the amount of 1% for each day.

If the examination shows serious violations during the restoration work of the car, then the car owner has every right to terminate the contract with the service station and demand a refund of the money spent on repairs.

Pre-trial settlement

Before going to court, the car owner should try to resolve the issue on his own by drawing up and submitting a claim for poor-quality work to the administration of the service station. As practice shows, in most cases, car services admit their mistakes and make concessions to the client.

A pre-trial claim is a mandatory document that must be submitted to the service station. Without it, the magistrate will not consider the claim if the case goes to trial.

After receiving a complaint, the service center employees have 10 days to respond to the submitted petition. After this time has expired (if the service station ignores the request) or if the request is refused, the vehicle owner has every right to file a lawsuit.

Judicial resolution of the issue

If the issue of poor-quality repairs could not be resolved peacefully, then the only way out of this situation is to file a claim in court.

A statement of claim in the amount of more than 50,000 rubles is considered by a court of general jurisdiction, up to 50,000 rubles - by the World Court.

The claim is filed in court at the location of the defendant (service station). The application is accompanied by a package of documentation, namely:

Identification document (passport, military ID, etc.).
Conclusion of the independent examination.
Service station agreement.
Previously submitted claim (the second copy must be kept by the owner of the car).
Receipts or checks for payment for repair work.
Check for payment of state duty.
Other documents proving the guilt of the service station.

The statement of claim can include not only demands for the return of money paid for repairs, but also compensation for moral damages (the amount is set at the discretion of the applicant), as well as a demand for compensation for penalties (for one day - 1% of the invoice amount for repairs).

After reviewing all the documents, the judge will set a date and time for the preliminary hearing.

How to get money back for low quality car repairs

Important! In order for the car owner to return the money spent, as well as compensate for other expenses, it is necessary to follow the algorithm of actions developed by legal practice.

It consists of the following:

Having discovered a defect, immediately report it to the contractor in the person of the manager or owner of the service center,
if the detected defect is not eliminated, you will need to prepare a written complaint,
When drawing up a document, it is better to enlist the support of a professional lawyer or an experienced lawyer. They will provide legal basis for the claim. In addition, you will need a conclusion from an auto technician who will confirm the defect. The expert study is carried out with the participation of a representative of the contractor. If he does not wish to be present, he should have in hand papers confirming proper notification of the date, time and place of the examination,
The examination is carried out on a paid basis, so the cost of the examination is paid by the owner of the vehicle. The receipt or check is saved,
Having received the expert's conclusions, they are included in the text of the claim. A copy of the conclusion is attached,
a written claim is presented to the owner of the service station or service center that repaired the car. If you refuse to receive documents, send them by mail with a list of the contents and a receipt. These papers will serve as evidence that the pre-trial procedure for resolving the dispute has been followed.

Taking into account the postal document flow, you should expect a response to the stated claim in two to three weeks.

How to return a car of poor quality to the seller?

Its content may be:

Documents found on the topic “claim for poor quality car repairs”

Claim for poor quality of car repair work Statements of claim, complaints, petitions, claims → Claim for poor quality of car repair work
...elyu (full name of the organization, full address), (full name of the applicant) residing at the address: claim for poor quality work on car repairs "" I entered into an agreement with your organization for r...
Claim on termination of the purchase and sale agreement at a gas station at poor quality gasoline, diesel fuel, liquefied gas
Statements of claim, complaints, petitions, claims → Claim for termination of a purchase and sale agreement at a gas station for low-quality gasoline, diesel fuel, liquefied gas
to the manager of "" gas station No. claim "" I purchased at gas station No. () liters of gasoline (diesel fuel, liquefied gas) brand, which was filled in the car ...
Claim on poor quality provision of medical services
Statements of claim, complaints, petitions, claims → Claim for poor-quality provision of medical services
... medical organization, address) from , (full name of the applicant) residing at the address: claim "" I applied to your organization for the provision of a paid medical service: which was performed by an employee ...
Claim for sale poor quality goods
Statements of claim, complaints, petitions, claims → Claim for the sale of low-quality goods
... (name and legal address of the seller) from , (full name) residing at the address: claim for the sale of low-quality goods "" in your store I bought (name of product, brand) hundred...
Sample. Claim about payment of cost poor quality products (goods), fines and damages
Statements of claim, complaints, petitions, claims → Sample. Claim for payment of the cost of low-quality products (goods), fines and damages
...invoice no. . 4. calculation of the amount of losses. 5. payment request no. from "" 20 6. other documents substantiating the claim on sheets. head of the enterprise or his deputy (signature)
Claim with a demand for the return of money for poor quality telephone
Statements of claim, complaints, petitions, claims → Claim demanding the return of a sum of money for a low-quality phone
to the director from a resident at the address: tel. claim 05/11/2012 I purchased a cell phone and a memory card for it in your store, which confirms the availability...
Claim to the Management Company at poor quality provision of housing and communal services
Statements of claim, complaints, petitions, claims → Complaint to the Management Company for poor quality provision of housing and communal services
to the director of the management company from , living at the address: tel: application- claim I live (I am a tenant, the owner of an apartment) in a house, the owners of the premises of which “” have chosen...
Claim ONE HUNDRED cars on eliminating deficiencies in the work performed
Statements of claim, complaints, petitions, claims → Claim from a car service station for elimination of deficiencies in the work performed
to the director of the service station (name, address) from (full name, address) a claim to eliminate deficiencies in the work performed "" “On 20, I entered into an agreement with your organization for the repair of...
Claim demanding termination of the purchase and sale agreement car
Statements of claim, complaints, petitions, claims → Claim demanding termination of the car purchase and sale agreement
to the director (name of organization) (address) from (name, address, telephone) claim "" 20g. I entered into a contract for the purchase and sale of a car (specify the make, number...
Claim demanding termination of the purchase and sale agreement car
Statements of claim, complaints, petitions, claims → Claim demanding termination of the car purchase and sale agreement
to the director (name of organization) (address) from (name, address, telephone) claim "" 20g. car purchase and sale agreement with your company (specify the make, engine numbers...
Claim for a refund car
Statements of claim, complaints, petitions, claims → Claim for return of a car
to the head of LLC "" ogrn - , inn - address: from a resident at the address: claim for the return of a car of the year 20, I under a contract for the sale and purchase of a vehicle with the condition of payment in installments from the year 20...
Claim about damage car in a paid parking lot
Statements of claim, complaints, petitions, claims → Claim for damage to a car in a paid parking lot
... to the manager (organizational and legal form, name of organization, address, full name) from (full name, address) claim for damage to a car in a paid parking lot "" 20g. there was an agreement between me and (name of organization)...
Claim under contract repairs apartments
Statements of claim, complaints, petitions, claims → Claim under an apartment renovation agreement
...the name of the contractor and his address) from (indicate your last name, first name, patronymic and address) claim under the renovation “” in 20, I entered into contract No. for the renovation of an apartment at the address: . cost of repair ...
Complaint to Rospotrebnadzor about illegal retention car in connection with the implementation of the warranty repairs
Statements of claim, complaints, petitions, claims → Complaint to Rospotrebnadzor about illegal retention of a car in connection with warranty repairs
... from a resident at the address: , city, st. , d., sq. . "" In 2020, for warranty repairs , I handed over my car brand, registration plate "", engine No., body No., identification number (vin) No., c...
Claim for compensation for damage resulting from damage car in a paid parking lot
Statements of claim, complaints, petitions, claims → Claim for damages as a result of damage to a car in a paid parking lot
... of vehicles) (name of the legal owner of the damaged vehicle, address, telephone) claim for compensation for damage as a result of damage to a car in a paid parking lot "" 20g. between me and (...

What to do in case of improper repairs under OSAGO

claims to the insurance company for poor quality repairs free of charge in word format

A number of service stations have contractual legal relations with insurance companies. Therefore, they carry out repairs of vehicles on which a policy has been issued under the MTPL program.

Remember! If a car that has received technical damage as a result of a traffic accident is being repaired, the owner must act as follows:

order a technical examination, which can be entrusted to a similar service station. The main condition is the diagnosis of repair work and the issuance of an appropriate conclusion. It should record the fact of poor quality work,
prepare and send a claim to the insurance company that issued the MTPL policy,
If there is no response within one to one and a half months, or the insurance company does not satisfy the car owner’s demand, it is necessary to prepare documents to go to court.

According to current legislation, the insurance company can pay funds for repairs not to its partner - the service station, but to the owner of the car.

ATTENTION! Look at the completed sample claim to the insurance company for poor quality repairs:

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.

Pre-trial claim against a car service

claims to a car service about poor-quality repairs free of charge in word format

Each application to the court must be preceded by measures to peacefully resolve the dispute between the owner of the vehicle and the service center or service station that committed violations during the repair of the vehicle.

The pre-trial procedure for settling legal relations between the parties involves filing a claim.

Important! It must be in writing and contain the following points:

name of the service provider, its organizational and legal form of ownership, legal and actual address of location,
information about the owner of the vehicle, his last name, first name, patronymic, place of residence indicating the name of the locality, street name, house number, apartment,
name of the document “Claim”,
the grounds for the emergence of legal relations between the service station and the owner of the car. Date of signing the repair contract. Types of work performed. Transaction price. Terms of payment,
fulfillment of obligations on the part of the customer,
fulfillment of obligations on the part of the performer,
what shortcomings and defects were identified during the repair work, how they are confirmed,
the essence of the customer’s proposal, legal justification, deadlines for eliminating deficiencies,
actions of the customer in case of dissatisfaction of the claim,
Attached documents,
date, signature and surname of the owner of the vehicle.

Return of defective and unsuitable auto parts according to the law.

If the claim is sent by an authorized representative of the owner of the vehicle, his details are indicated, and a copy of the document confirming his authority is also attached.

If there are difficulties in preparing and drawing up such a document, it is better to seek help from a professional lawyer. This specialist will assist in filing a claim and collecting the necessary documents.

ATTENTION! Look at the completed sample claim for poor quality of car repair work:

How to properly file a claim against a car service center

When contacting a car service center, we, first of all, want to provide professional assistance to our four-wheeled friend. This means that the car service center you contact must have various types of permits . At a minimum, photocopies of the license to carry out this type of work. As well as a description of the types of work, indicated, as a rule, in the annex to the certificate.

All of the above documents (license, certificate and its annexes) must be in a place visible to customers. In addition to them, there is a price list for the provision of the listed works.

Do not forget that manufacturers of foreign cars (during the current warranty) categorically do not accept the provision of technical assistance to a car by themselves, third-party technicians or other domestic specialists. Ignoring such requirements may result in loss of warranty for the car owner.

The legal regulation of the “client-car service” relationship itself is based, first of all, on a number of legislative acts. Among them: the Civil Code of the Russian Federation (contract, paid provision, Rules for the provision of services (performance of work) for the maintenance and repair of motor vehicles.

Delivering a car to a car service center (receiving a certain service) implies the conclusion of an agreement between the owners of the vehicle and the party placing the order. The contract can be concluded either in writing (in most cases related to car repairs) or orally. In the first case, the car owner should pay attention to legal literacy when preparing the relevant documents. Such legal relations are regulated by the “Rules for the provision of services (performance of work) for the maintenance and repair of motor vehicles,” approved by Decree of the Government of the Russian Federation dated April 11, 2001, number 290. As a rule, the agreement is in the form of a work order, although the use of other proprietary forms. The main thing for the consumer in this case is that all accompanying conditions are accurately stated in the document.

If the customer carries out work in the presence of the owner of the vehicle, in accordance with clause 2 of Art. 159 of the Civil Code of the Russian Federation, clause 17 of the Rules for the provision of services, the contract can be concluded orally . Basically, such agreements take place when the consumer requires the execution of an order in his presence: car washing, tire fitting, operational diagnostics, etc. In this case, the agreement between the two parties is confirmed by the presence of a receipt, cash receipt, or other document containing the details and seal of the company providing the service to the consumer.

When concluding a written contract, the purchase order must include the following items:

name of the company, firm, etc., as well as the address of the performer. Full name, customer coordinates;
a list of works (services) necessary to solve the problem, a list of materials used, as well as spare parts, their price (provided by the car service);
list of materials, spare parts provided by the customer (with the designation of their certification data);
date of registration of the work order, terms of its implementation, cost of work, payment procedure, warranty period (if established);
car data (car make, model, license plate number); the cost of the car, established by mutual agreement of the parties;
initials and position of the person who filled out the work order; signatures of the parties.

Limitation periods for filing a claim

Article 196 of the Civil Code of the Russian Federation establishes a general limitation period for protecting a violated right in court. It is three years.

However, for certain legal relations, the limitation period can be changed either down or up. This is directly stated in Article 197 of the Civil Code of the Russian Federation.

Please note! According to the provisions of Article 200 of the Civil Code of the Russian Federation, the limitation period begins from the day when the owner of the vehicle learned or should have learned that his rights have been violated.

In a specific context, he learned or should have learned that his car was repaired with defects. Moreover, if a trusted person acts on behalf of the owner of the car, then this provision, at the beginning of the limitation period, applies to him.

How do official dealers deceive?

How to return a car under an agreement between individuals, read here.

How to get a free online legal consultation quickly, read the link: https://novocom.org/konsultaciya-yurista/kak-zadat-interesuyushhij-vas-yuridicheskij-vopros-besplatno-i-poluchit-bystryj-otvet.html

That is, regardless of who seeks judicial protection, the car owner himself or his authorized representative, the law provides them with the same right. This was ambiguously indicated by the country's highest courts in paragraph 11 of the joint resolution of the Plenum of the Supreme Court and the Supreme Arbitration Court No. 15 of November 12, 2001.

Any exceptions to the general rule are established by the current norms of civil legislation of the Russian Federation and other laws of the country.

Watch the video. Protection of consumer rights in case of poor-quality car repairs:

What is considered poor quality car repair?

The list of common violations that people encounter when contacting a car service looks like this:

The repairs were not completed at all.
A car breakdown that occurred before the repair is repeated after it.
There are obvious signs of negligence on the part of the craftsmen (the car is poorly painted, design elements were installed incorrectly).
Additional defects were discovered in some part of the car.
The service specialists violated the agreed repair deadlines.
The owner of the car became a victim of deception (for example, instead of new spare parts, used ones were installed).

All of the above situations are a direct violation of Federal Law No. 2300-1 “On the Protection of Consumer Rights”. In each case, the workshop is responsible to the client for its actions. To achieve justice, you will have to take a number of steps.