21/11/2017
Entrusting your vehicle to a garage for repairs or servicing is a common part of car ownership. We place a great deal of faith in these professionals, expecting our cars to be returned in better, or at least the same, condition. However, what happens when that trust is broken? Whether your car is damaged while in their care, a repair isn't up to scratch, or you find yourself disputing a bill, knowing your rights and the steps to take is crucial for any car owner in the UK.
This guide will walk you through the various scenarios you might face, offering practical advice and outlining your consumer protection rights to ensure you're equipped to handle any issues that arise. From immediate actions to take to understanding the role of industry bodies, we’ll help you navigate these potentially stressful situations.
Your Car Damaged While at the Garage
Discovering new damage on your car after it’s been at the garage can be incredibly frustrating. It’s a situation no one wants to encounter, but it’s vital to know how to react promptly and effectively to protect your interests.
Immediate Steps When Damage Occurs
The moment you notice any damage to your vehicle that wasn't present when you dropped it off, whether you’re still at the garage or have just driven away, immediate action is paramount. If you are still on the premises, do not accept the car. Instead, immediately point out the damage to a member of staff, preferably the manager. Take clear photographs or videos of the damage, noting the date and time. This visual evidence will be invaluable later on.
If you've already left the garage and only noticed the damage afterwards, return to the garage straight away. The sooner you report it, the stronger your position. Explain the situation calmly and clearly, stating that the damage occurred while the car was in their custody.
When the Garage Agrees to Repair
Ideally, the garage will acknowledge their fault and agree to rectify the damage. If they do, they are obligated to return your vehicle to the condition it was in when you originally brought it to them. This means a full repair, to a satisfactory standard, at no additional cost to you. Ensure you get this agreement in writing, detailing the specific repairs to be carried out and an estimated timeframe.
When the Garage Refuses to Accept Liability
Unfortunately, not all garages are as cooperative. If the garage refuses to accept liability for the damage, or denies that it occurred while your car was with them, you’ll need to escalate the matter. Your first port of call should be to contact the garage’s insurance company. They may have a procedure for handling such claims. Alternatively, if the garage is a member of a trade association (such as the Retail Motor Industry Federation or the Independent Garage Association), their code of conduct might offer a pathway for dispute resolution. You could also reach out to the car manufacturer’s customer relations department, especially if it’s a franchised dealership, as they may be able to mediate or offer guidance.
It's important to be aware that if the garage does not accept liability and you are forced to claim on your own car insurance, this could potentially affect your no-claims bonus. Always check with your insurer about the implications before proceeding with this option.
When a Fault Has Not Been Repaired Properly
Perhaps your car wasn't damaged, but the original issue you brought it in for hasn't been fixed, or worse, has been made worse. This scenario, a faulty repair, requires a different approach to ensure you get the service you paid for.
Addressing Substandard Workmanship
If you find that a fault has not been repaired properly, or the repair itself has introduced new problems, your first step should be to contact the garage as soon as you notice the issue. It's often best to do this in person if possible, as it allows for direct discussion and immediate assessment. Explain the problem clearly and give the garage a fair opportunity to fix the fault at no additional cost to yourself. Under consumer law, you are entitled to a repair that is carried out with reasonable care and skill.
If the garage attempts to fix the problem again, make sure you understand any potential costs involved, although if it’s a re-repair of a previously botched job, it should ideally be free. Be clear about what constitutes a satisfactory fix.
Documenting Your Case
Throughout this process, maintaining meticulous records is paramount. Keep a detailed log of all your conversations, including dates, times, and the names of the individuals you spoke with. Note down anything verbally agreed upon, and follow up with a written confirmation (email or letter) to create a paper trail. Retain all correspondence, invoices, and diagnostic reports. If the garage fails to resolve the issue after being given a fair chance, this comprehensive documentation will be crucial if you decide to have the fault fixed elsewhere and seek to recover your costs from the original garage.
Rejecting a Recently Purchased Vehicle
While this article primarily focuses on damage or faulty repairs, it's worth noting your rights if you've recently purchased a car (new or used) from a dealer and a significant fault emerges. If all attempts to resolve the issue with the dealer fail, you may have the right to reject the car. This right generally applies within the first 30 days under the Consumer Rights Act 2015, where you can reject for a full refund if the car isn't of satisfactory quality, fit for purpose, or as described. Beyond 30 days but within six months, you still have the right to a repair or replacement. If a repair isn't possible or fails, you can then reject the car for a refund, though the dealer may deduct for usage. You must provide the dealer with your reasons for rejection in writing.
If the dealer refuses to accept your rejection, contact the customer relations department of the car manufacturer straight away. They may be able to mediate and often have a vested interest in protecting their brand reputation.
Beyond physical damage or faulty work, issues can also arise concerning the bill or, in the worst-case scenario, the security of your vehicle.
Understanding 'Paying Under Protest'
If you genuinely believe you have been overcharged for work carried out, you have the right to formally dispute the bill. However, be aware that if you dispute the bill, the garage has a legal right to keep your vehicle until the bill has been paid. This is known as having a 'lien' over the car. If you need your vehicle urgently and cannot afford for it to be held by the garage, you should only agree to pay the disputed amount 'under protest'.
To do this effectively, you must clearly write the words 'paying under protest' on the repair order sheet, invoice, or any payment documentation, ensuring there is no doubt about your intention to dispute the charges later. If you don’t do this, it will be significantly more difficult to get your money back, as the garage could argue that by paying the bill, you were accepting the charges. Once you have paid and retrieved your vehicle, gather all the evidence that supports your claim – this might include previous quotes, expert opinions, or evidence of work not done – and explain precisely why you are disputing the bill.
Car Stolen or Lost While at the Garage
The thought of your car being stolen while in the care of a garage is a nightmare scenario. Most garages will display disclaimers stating that cars are left there at the owner’s risk. While these disclaimers might seem daunting, they do not entirely absolve the garage of responsibility.
If your vehicle is lost or stolen while it's in the garage, they are only legally responsible for replacing it if they did not take 'reasonable care'. What constitutes 'reasonable care' can be subjective, but it generally means they shouldn't act negligently. For example, leaving your car unlocked and unattended with the keys in the ignition would likely be considered a lack of reasonable care. Conversely, if the car was stolen despite the garage taking all standard security precautions (e.g., locked doors, CCTV, secure premises), their liability might be limited. You would need to demonstrate that their negligence directly led to the theft or loss.
Your Consumer Rights and Pathways to Resolution
Understanding your broader consumer rights is empowering when dealing with garage disputes. While this article focuses on damage and repairs, it's worth briefly touching upon consumer protection when purchasing a car, as the same principles of satisfactory quality and fitness for purpose apply to repair work.
Consumer Protection for Car Purchases
If you bought a new or used car from a dealer, you have significant protection, primarily under the Consumer Rights Act 2015. The vehicle should be of satisfactory quality, fit for its purpose, and as described. The specific protection can vary slightly depending on how you paid:
- Hire Purchase: With hire purchase, the finance provider, rather than the dealer, is legally responsible to you if there are problems with the car. You are still protected by the Consumer Rights Act 2015.
- Using a Credit Card: If you paid all or even part of the cost of your car by credit card, both the card company and the trader may be jointly responsible for compensating you under Section 75 of the Consumer Credit Act 1974. This offers powerful protection for purchases between £100 and £30,000.
- Paying by Debit Card: While your purchase won’t be covered by Section 75 of the Consumer Credit Act, you may be able to claim a refund from your debit card provider through a voluntary scheme known as ‘chargeback’. Visa, MasterCard, Maestro, and American Express are among the companies that offer chargeback. You’ll typically need to make your claim within 120 days of noticing the problem.
Leveraging Industry Bodies and Support Services
When direct communication with the garage fails to resolve your issue, turning to external bodies can provide much-needed assistance and mediation.
The Role of the Motor Ombudsman
One of the most effective avenues for dispute resolution in the motor industry is the Motor Ombudsman. This is the government-backed, self-regulatory body for the motor industry, and it operates a robust Alternative Dispute Resolution (ADR) service. If the garage you are dealing with is a member of Motor Codes (the trading name for the Motor Ombudsman's codes of practice), it means they have committed to a set of high standards, including:
- Honest and fair services
- Open and transparent pricing
- Completing work as agreed
- Invoices that accurately match quoted prices
- Competent and conscientious staff
- A straightforward, swift complaints procedure
You can usually find their logo on the garage's website or premises, or you can check the Motor Ombudsman's website directly to see if a garage is accredited. The Motor Ombudsman will assess your complaint, provide impartial advice, and offer assistance. If your vehicle is still with the garage, they can contact the garage directly to try and facilitate a resolution.
In addition to the Motor Ombudsman, other valuable sources of advice include the Money Advice Service and the Citizen Advice Bureau phone line. These organisations can provide general consumer rights guidance and help you understand your options.
Frequently Asked Questions (FAQs)
Here are some common questions consumers have when facing issues with garages:
Can I refuse to pay the bill if I’m unhappy with the work?
If you formally dispute the bill, the garage has the right to keep your vehicle until the bill has been paid. This is known as a 'lien'. If you need your vehicle back urgently, you should pay 'under protest' as detailed above, clearly writing this on the invoice, and then pursue your dispute.
What if the garage denies responsibility for the damage or faulty repair?
Gather all your evidence – photos, videos, written communications, invoices, and any independent assessments. Present this to the garage. If they still deny responsibility, escalate the matter to their insurance company, a relevant trade association, or the Motor Ombudsman if they are a member. Your thorough documentation is key here.
How long do I have to make a claim for a faulty repair or damage?
Generally, under the Consumer Rights Act 2015, you have rights for up to six years from the date of the repair or purchase, although proving the fault existed at the time of service or sale becomes more challenging over time. For immediate issues like damage at the garage, report it straight away. For credit card Section 75 claims, the time limit is typically six years from the date of purchase. For chargeback claims, it’s often within 120 days of noticing the problem.
What constitutes 'reasonable care' if my car is stolen from a garage?
'Reasonable care' refers to the level of care a prudent person would take in similar circumstances. For a garage, this means taking appropriate security measures to protect vehicles in their custody. This includes locking doors, securing keys, having adequate alarm systems or CCTV, and not leaving vehicles in vulnerable positions (e.g., unlocked with keys in). If the garage's actions (or inactions) fall below this standard, they may be liable.
Conclusion
Dealing with car problems is stressful enough without additional issues arising from the garage itself. However, by being informed about your rights and knowing the correct procedures to follow, you can significantly improve your chances of a fair and satisfactory resolution. Remember to act promptly, document everything meticulously, and don't hesitate to leverage the support of industry bodies like the Motor Ombudsman or consumer advisory services. Your consumer rights are there to protect you, so use them wisely to ensure your vehicle, and your wallet, are safeguarded.
If you want to read more articles similar to Car Damage at Garage? Your UK Rights Guide, you can visit the Automotive category.