本文发表在 rolia.net 枫下论坛Guide to Car Repairs

Car repairs continue to be a major concern of Ontario consumers. Partly it’s because most of us know little about what lies under the paintwork of a modern vehicle, and we feel vulnerable. The complexity of car repairs can also lead to honest misunderstandings between consumers and garage operators. Then there are dishonest car repairers -- a minority, thankfully -- who take advantage of a consumer's lack of knowledge.

All of this can help to create an impression that getting your car repaired is like hacking your way through a jungle. But it doesn't have to be that way. As a consumer, you have a lot going for you when it comes time to take your vehicle in for repairs -- probably more than you think.

How do I choose a reputable repair shop?

In this area, as in all others, consumer protection starts with you. When you set out to have your car repaired, you have a responsibility to shop as carefully as you would when making any other sizeable expenditure. Begin by asking friends, neighbours and acquaintances to recommend a garage. Check any recommendation with the Better Business Bureau. Go to the repair shop and have a chat with the service manager or owner. Ask to see the mechanic’s licence if it isn’t posted in plain view and ask questions until you feel comfortable.

Once you have found a repair shop you’re happy with, become a regular customer. Then you are in a position to make the recommendations.

What protection do I have once I drop off my car at a garage?

You should know that you have the law behind you when you take your vehicle into a shop. Repairs to cars, vans, trucks, motorcycles and motor-assisted bicycles are all covered under the Motor Vehicle Repair Act. This legislation applies to any establishment that carries out repairs -- dealerships, neighbourhood garages, used car lots, muffler shops, auto body shops, brake shops, paint shops and gas stations.

Did you know a car repair shop must give you a written estimate if you ask for one?

If a repair shop asks you to sign a blank work order, don’t do it. If you do sign, you’ll be liable for whatever work they choose to carry out. Insist on a written estimate before authorizing any work. Besides identifying the vehicle, owner and repair shop, the estimate must include:

a description of the work to be done
parts to be installed, and whether they will be new, used or reconditioned
prices of the parts
number of hours to be billed, with the hourly rate and total cost of labour
total amount to be billed
The total cost of repairs can't exceed the amount in the estimate by more than 10 per cent. To go beyond this, the repair shop must first get your authorization in writing or over the phone. If it’s by phone, the shop is required to record the details of the authorization in writing.

The repair shop has a right to charge for an estimate -- but only if you have been told about this charge in advance. The fee can include the cost of diagnostic time plus the cost of reassembling the vehicle. It can also include the cost of parts damaged and replaced while carrying out the estimate.

Under the act, the repair shop can't charge for an estimate if you go ahead with the work, unless you make them wait for authorization and they must reassemble your vehicle to make room for other work.

Did you know a repair shop has to post a sign setting out charges and repair practices?

It must be in a conspicuous place and must contain the following information:

that written estimates are available on request;
that replaced parts will be returned to you if you want them;
how labour costs will be calculated (including the hourly rate and any flat-rate charges);
whether there is a charge for estimates; and
whether commissions are paid to mechanics.
The sign must also include the telephone number at this ministry where complaints can be directed, if the number is not already on invoices.

Did you know a shop must give you a warranty on repair work?

For cars, the warranty must be for at least 90 days or 5,000 kilometres, whichever comes first. For motorcycles and motor-assisted bicycles it’s 30 days or 1,500 kilometres. The warranty must cover all new or reconditioned parts, as well as the labour needed to replace them.

If your vehicle breaks down during the warranty period, or becomes unsafe to drive, take it back to the repair shop. If this isn't practical, you can take it to another shop. By law, the original shop has to pay back the money you were charged for the repair, as well as any reasonable towing costs involved.

If the repair shop refuses, you can take your vehicle to another shop and ask for a written assessment indicating that the original repairs were not carried out properly. You are then in a position to take the matter to Small Claims Court.

What if the repair shop doesn’t do a good job?

Disputes can arise between car owners and repair shops over the quality of work carried out. The customer may complain that the mechanic misdiagnosed the problem or was negligent. Or the vehicle may come out of the shop with more problems than when it went in.

It’s important for you to know that this kind of disagreement doesn’t fall under the Motor Vehicle Repair Act. Disputes involving the quality of repair work have to be resolved through complaints channels or through the courts.

If you feel a repairer has not done a good job, the first thing you should do is send the shop a letter describing your complaint. If this fails to produce results, get a written assessment of your vehicle’s problem from another shop. If this indicates that the repairs were not properly carried out, write to the first shop with this new information and ask for an adjustment of the repair bill.

If that still doesn’t work, your next step could be to call our ministry at the numbers provided below. Our complaints resolution experts in the Consumer Service Bureau may be able to advise you on a course of action. In some cases we might ask you to file a formal complaint against the repair shop, which could lead to an investigation and even to prosecution. Another possibility is to take the matter to Small Claims Court, bringing all your paperwork with you. This is not a costly option and you’re not required to have a lawyer.

What if I disagree with a repair bill and refuse to pay?

Before doing this, you should know about the Repair and Storage Liens Act. Under this legislation, a repairer is entitled to keep a vehicle, and sell it, if a bill is not paid.

If you find yourself in a dispute and don’t want to pay what is demanded, your best course may be to make an application to a court and pay the full amount of the bill there. When you do this the repairer is required to return your vehicle to you. You can then make your case to the court, leaving it up to a judge to decide how much, if anything, the repair shop should be paid for the work.

What can I do if they haven’t told me the truth about a repair, or charged for work that wasn’t done?

Misrepresentation by a seller or provider of a service is covered under the Business Practices Act. If you can show that a repairer has misled you, the act gives you a legal basis for writing to the shop and demanding your money back. This is called a letter of rescission, and it should identify the section of the act you are using as the basis for your complaint. You can do this at any time up to six months after the agreement was entered into.

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If you would like us to send you a sample letter of rescission, or if you would like to know more about our consumer protection legislation, call our General Information Unit at (416) 326-8555, or toll-free at 1-800-268-1142. Special electronic equipment for people with hearing and speech difficulties is available at (416) 326-8566.



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