Legal Question in Consumer Law in Massachusetts
Car in for repair 5 times for same problem. Do I pay?
Car in the same repair shop 5 times for same problem. The problems that I brought the car to the shop for each time are documented on the service records, and are consistant each time.
The first few times, the car was still under warranty. Now that they've finally 'found' the problem, it is a big and costly repair.
The service records were noted with information that would lead a competent mechanic to suspect the finally diagnosed problem (head gasket), even from the first time I brought it to them.
Other service records document the complaint I made when I brought it in, but the actual repair ignores many of the issues in the complaint (ex: complaint for system failure: no power steering, overheating). The power steering pump was replaced (for the second time during these episodes), but nothing done for the overheating issue.
They refuse to pay for this, even though had it been done correctly the first 3 or 4 times, the warranty would have covered the problem.
Who pays?
2 Answers from Attorneys
Re: Car in for repair 5 times for same problem. Do I pay?
If reputable dealer you should notify that you will pursue your rights under the MA Consumer Protection Act., Chapter 93A which provides for double or treble actual damages and your attorney's fees. You have to send a demand letter before filing a lawsuit. Call the better business bureauy and the state office of consumer affairs to see if dealer has a bad record with them. It may already be under a consent decree to stop engaging in unfair and deceptive practices. Call the action lines at the TV stations-they generally know sho the bad guys are. Good luck
Re: Car in for repair 5 times for same problem. Do I pay?
A little more information would be helpful, so I assume the car was serviced by a garage authorized under the warranty.
If you are correct that the problem could and should have been diagnosed correctly while the car was under warranty, then clearly the garage or the warrantor should pay.
You should send a letter pursuant to MGL c. 93A, an example of which you can find on the Mass. official website, stating what unfair or deceptice act or practive you are complaining about and what you want them to do about it. There are also specific regulations also on the MA website concerning repair garages, some of which appear to have been violated as well.
Send the letter certified mail, return receipt. They have 30 days to give you a written response. If the response is inadequate or nonexistent, you can then sue them and recover up to 3x damages and attorney's fees.
Or you can retain an attorney to do it all. I write and send the letter and negotiate a reasonable time for $150. Suing would be extra.
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