The fault came back
You paid the bill and drove away, and a few days later the shudder, the noise or the warning light is back. That is frustrating, and it can be tempting to call the shop angry or to take the car straight somewhere else. Another route starts with paper: write down what you see, gather the papers from the first visit, and then talk to the shop with those papers in front of you.
Note exactly what returned
Before you call anyone, make a short record:
- the date the fault came back and the odometer reading;
- whether it is the same symptom as before or something new;
- what the car was doing when it showed up, such as starting, braking, turning or holding a steady speed;
- a photo of any warning light, taken with the car parked.
A symptom that looks the same can have a different cause. A clear description can help the shop tell the two apart.
Gather the papers from the first visit
Pull together the estimate, any messages in which you approved work, and the invoice. Vehicle and Traffic Law Section 398-d speaks to both the estimate and the invoice.
Under Vehicle and Traffic Law Section 398-d, a motor vehicle repair shop must give a written estimate of parts and labor for a specific job when the customer asks, may not charge more than the estimate without the customer's consent, and may charge a reasonable fee for making the estimate.
Section 398-d requires all work by a repair shop to be recorded on an invoice describing the service work and parts supplied, and the invoice must clearly say if any used parts were supplied; one copy goes to the customer.
With your copy of the invoice in hand, ask yourself a few questions. What service work does it describe? Which parts does it list? Is any part marked as used? Does the total match the estimate and the approvals you gave? Mark anything you don't understand so you can ask about it.
The parts that came off the car
The New York DMV says customers are entitled to the return of all replaced parts except warranty and exchange parts, but must ask for them in writing before work is done; if work is authorized by phone, the shop must keep the replaced parts and make them available at pickup.
If you have the old parts, keep them somewhere dry and labeled with the date. If you did not ask for them, call the shop and ask whether they are still on hand.
Going back to the first shop
Call or stop by, and ask for the person who handled your car. Bring your notes and the invoice. Then ask:
- Is this the same fault you worked on, or does it look like a separate problem?
- What did the first repair address, and what test showed it was the cause?
- Will you charge to look at the car again?
- What does your written warranty on the labor and parts say about a fault that returns?
- If more work is needed, will you give me a written estimate before you start?
Ask for any promise you get, such as a free recheck or a repair under warranty, to be put in writing. If the shop finds a new cause, ask it to explain on paper how it differs from the first one.
Asking a second shop to look
You may want a second opinion, or the first shop may not be able to see you soon. Before a second shop starts, hand it copies of the first estimate and invoice so it knows what was replaced. Ask it to look and report before it repairs anything, and ask for that finding in writing. A written finding from a second shop can help you understand what happened and can be useful in any later conversation with the first shop.
The registration question
At the first shop and at any shop you use next, ask: "Does your work on this car fall under New York's repair shop registration, and if so, what is the shop's DMV registration number?" Keep the answer with the date. Ask, too, for proof of liability coverage while the car is in the shop's care.
A record for next time
- Ask for a written estimate before work begins, and approve changes only after hearing the new total.
- Put a request for the old parts in writing at drop-off.
- Read the invoice before you pay, checking which parts are listed and whether any are marked as used.
- Write the pickup date and odometer reading on every invoice if the shop has not printed them, and add both to your notes each time you go back about the same fault.
- Keep estimates, approvals, invoices and your own notes in one place.
The DMV's complaint window
The New York DMV says it cannot accept complaints against repair shops beyond 90 days or 3,000 miles, whichever comes first.