Legal Question in Legal Ethics in California
I ran over a ladder on the freeway, and it damaged the A/C condenser and radiator. My Friend who is a mechanic replaced the damaged A/C condenser and radiator with new replacement units.
I took my new 2010 Altima to Metro Nissan in Montclair, CA since it was under warranty and told them that the A/C stopped working, knowing that they would recharge it or give me a cost how much it would cost to recharge the system.
I had no idea that the mechanic at the dealer would cause damage during an inspection to enhance their income by "discovering" new car repair needs, that were in not way necessary.
This is what exactly happened. I got a call later in the day after dropping off my new 2010 Altima at their service department. I was told that the mechanic had found the reason why the A/C was not working. I was told that the A/C condenser was damaged, and I could come back and see for myself.
I returned with my Friend with me who had repair my car. The service guy took us back into the shop were be were meet by the mechanic, who proceeded to show us damaged to the (new replacement unit) A/C condenser. He said that the reservoir was bent back and showed us damaged to the A/C condenser. We were told that here insurance could handle it and an adjuster would come out to inspect the car.
It was obvious to us that he had inflicted damaged to my car and now was trying defraud me and my insurance company.
We asked them to get the car ready for us so that we could take the car. They seemed surprised that we were going to leave with the car and not have it repair there.
I have the evidence that new replacement parts were installed on my car before taking it to Metro Nissan to have them look at the A/C system.
What type of case do I have as a single women against Metro Nissan?
Montclair, CA
1 Answer from Attorneys
If you suspect fraud or incompetence by a licensed auto repair facility in the State of California, you can make a complaint to the State Bureau of Automotive Repair. That is the agency that enforces standards of skill and ethical conduct in that field. The BAR will investigate your complaint and, if they concur in your allegations, they have the ability to shut the business down permanently or for a time certain, and to impose substantial fiscal penalties, including orders of restitution to aggrieved customers.
The BAR investigative procedures will operate more slowly than you would wish. The fiscal crisis in California State government, including the furloughs, staff lay-offs, and cut-backs in Department budgets, have caused in some departments significant delays in service. But the BAR, once engaged, can be relentless and powerful. In many instances they will conduct "sting" operations which can be devastating evidence against the targeted facility. Most importantly, there is no cost to you in making a complaint, nor any need for you to retain an attorney. The BAR will notify you of the results of the investigation, on your request,and the results will be useable by you in any subsequent civil action.
Most legitimate automotive repair facilities will go the last mile with their customers to avoid a complaint to the BAR because the stakes can be so high for them if the BAR gets involved. You may want send a certified letter to the facility, trying one last time to resolve your complaint before you take recourse in the BAR complaint process.
The BAR complaint process is available on-line. Here is the link: https://app.dca.ca.gov/bar/complaints.asp
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