Legal Question in Consumer Law in Virginia

Service not provided for car repair

Sept 17, 2002, my car overheated and was towed to an independent service repair facility. It was diagnosed with a blown head gasket, and could be repaired in two weeks. Since this time I have made numerous calls and visits to the shop. Every time I had contact I was told a different story. I was called on Dec 10, 2002 by the owner of the shop. He told me he didn't have the funds to purchase a needed part. I gave him a certified check for $2,250.00 for a new cylinder head. I was then promised the vehicle would be repaired within the week. I have been unsuccessful in reaching the business by phone. I have stopped by several times and the facility is locked. I can see my vehicle through the window. I recently found out the shop will be closing at the end of March. I don't know what action I can take at this point. I don't even know whether my money was used for a part for my car or not. It is a 180 mile round trip for me to check on it. Within the first week the engine was disassembled for repairs, and it was still that way the last time I saw the car. Six months have passed and I really worried.


Asked on 3/14/03, 2:47 pm

2 Answers from Attorneys
Daniel Hawes Hawes & Associates

Re: Service not provided for car repair

A couple of additional notes: first, a new cylinder head is not required to repair a blown head gasket. If you drove for hundreds of miles with a blown gasket, there could be some slight damage to the head, but that can be fixed easily and inexpensively by an automotive machine shop. If they told you that you had to have a new head and you really didn't, that could be a violation of the Virginia consumer protection act, 59.1-200(14).

In addition, if the repair cost exceeds the amount of the written estimate by more than 10%, that's a violation of the automotive repair facilities act. It's also a violation to fail to return any replaced parts, when you've given them notice that you want the parts returned (which you certainly should in this case).

You can also file an action in detinue (the clerk's office will give you a form to fill out, called a "warrant in detinue") by which you can demand the return of your property. You can file an action for damages later, for whatever it costs you to have the car towed to another shop & to have it repaired.

Is the repair shop located in Va., and is the car located in Va. now? If not, you will need to file where that shop is, not where you are.

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Answered on 3/15/03, 6:58 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Service not provided for car repair

Indeed, you certainly have reason to be worried.

You should find out as soon as possible whether the business has declared bankruptcy, and, if so,

whether your vehicle is among the items covered by the automatic stay issued by the bankruptcy court, and, if so, whether it can be released from the stay.

If bankruptcy has not been declared,and assuming this auto repair shop is either unwilling or unable to finish the repair job or in the alternative, refund your money and release your vehicle, then your only real option is to file for your damages in small claims court in the Virginia jurisdiction where the repair facility is located.(You might, also, want to consider filing a complaint with the local consumer affairs agency, but, of course, if the shop has gone out of business, this will probably avail you little.)

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Answered on 3/14/03, 4:12 pm


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