How to repair a faulty car under warranty or return it to the shop

There is the first month of operation of a new car, you still excited, but for no apparent reason begin to notice that he behaves in a strange way: the zavedet not the first time, the motor emits any unusual sound, it does float momentum. At first, you close your eyes to it and try to convince yourself that there is no problem, but these unpleasant symptoms do not go away and annoy you more and more. And all this despite the fact that the car is under warranty and is serviced by the manufacturer regulations.

Finally you decide to take the car on diagnosis and figure out what the problem is definitely there and is productive in nature, and therefore should be eliminated an authorized dealer. Or worse - that the fault is serious and unsafe operation of the car.

The only correct decision in this case will be an immediate appeal to the dealer with the requirement to eliminate the defect under warranty, maintenance of the car.

However, this can be a big problem if the problem is really serious, and its removal is costly. Practice shows that in most cases the authorized dealers refuse to accept warranty cars serious defects, referring to the incorrect operation of the machine owner, and accordingly, the lack of warranty coverage.

Tell us how to be in this situation and what to do to convince the dealer to fulfill its obligations and to repair the defective car or return the money paid for the car.

What to do to repair the car is under warranty

Deliver the car only on evacuator

The first and perhaps the most important item - delivery of the car to the dealer. It would seem, why it is so important and what difficulties? All in the same formulation of the "improper use of the car", which the dealer can use against you.

In the presence of certain fault operation is prohibited by the manufacturer, so as not to aggravate the situation and lead to even more serious violations in the work of the car. It turns out that to deliver the defective machine in the service of their own, you should not: it will be for the dealer an additional reason to deny you repair.

What should I do? Of course, the cause evacuator and deliver it straight to the car interior. And all checks and receipts for payment of evacuation it is necessary to preserve and present the dealer as an expense necessary for the delivery of the car. The dealer will be required to reimburse them.

Serve a statement in writing only

The following is to write and submit a written application to the dealer with the requirement to diagnose and fix existing defect or return the money paid for the car, if you remedy the problem impossible.

The statement shall be made in free form, in two copies - one for you and one for the dealer. Make sure that your copy will be a mark of acceptance of the application with the official seal of the company. Remember that any diagnosis car dealer spends at his own expense, so that in no case do not get fooled by the tricks of the showroom.

Please refer to the independent expert

If from the moment of transfer of the car to the diagnosis was more than a week, and any clear answer from the dealer so far not followed, it is necessary to bring the matter of the independent expert. Having secured his support, you will receive an official conclusion on the nature of the fault and the cost of its removal, which is further proof of your innocence as negotiations with the dealer, and the court, if earlier come to that.

Be sure to follow the terms

If the dealer has admitted fault warranty case and took the car for repairs, keep an eye on its duration and make sure that the dealer does not violate statutory deadlines.

Federal Law "On Protection of Consumer Rights" is setRF Law of 07.02.1992 N 2300-1 (ed. from 18.03.2019) "On Protection of Consumer Rights" a period of 45 days, during which the dealer is obliged to eliminate the existing shortcomings of the car.

When you are entitled to claim money back for the faulty car

If 45 days have passed, but the car you have not returned, you have the right to request a full refund for the defective car.

To do this, you must once again submit the dealer a statement demanding the return of money paid for the car sale contract. And if auto answer no to your request, you will iron base to go to court and collection of the money through the courts.

Another reason for a full refund is the cumulative finding of a car when for 30 days in a calendar year. So, if the machine is constantly breaking down and the dealer repair it under warranty, but because of that you can not use the car a total of 30 days during the year, demand money back.

What if the dealer refuses to comply with its obligations

Require an independent examination

If the official dealer said no to your request to eliminate vehicle defects and argues that the fault is not detected or not is a guarantee, immediately apply to the free form with the requirement to conduct an independent examination to identify defect. According to the law "On protection of consumers' rights" the dealer mustRF Law of 07.02.1992 N 2300-1 (ed. from 18.03.2019) "On Protection of Consumer Rights" her conduct.

Until this issue is resolved, do not take the car out of service, or the dealer can take advantage of this and indicate that you agree with the absence of a fault themselves took the car. In the course of the examination and the signing of all documents, take an active part and be careful. If the dealer require you to sign an act of acceptance of the car or on the absence of fault, not be shy and always make a note of the fact that you do not agree with the position of the dealer and find fault substantial.

Make a pre-trial claim

If an independent examination carried out, but the dealer still does not want to budge, it's time to refer to it with the pre-trial claim. She will serve as proof of your good intentions and desire to resolve this issue peacefully, without leading up to court.

The claims should explain the circumstances of the dispute and ask the dealer to troubleshoot their own expense or reimburse the cost of repair in terms of money. To make a claim, we recommend the conclusion of an independent examination, which will indicate that the problem is significant and it will take the removal of a certain amount of money.

Go to court

And finally the last stage - the court. If the dealer does not respond to your claim within two weeks of receipt, or refused, courageously contact the court to return the money for a car or a recovery value of the fault, which the dealer ignores.

By law you have the right to go to court at your place of residence. Typically, in such disputes, the courts side with the consumer. The only question is to correctly prove the existence of the problem and violation of your rights by the dealer. Finally, it will help to make an independent expert and a little ingenuity.

Bonus while satisfying your case the court will sanction a dealer more penalties and fines for refusing to voluntarily fulfill your legal requirements. These legal sanctions may be the most value of the car, that is, to increase the size of the penalty in half.

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I would like to say finally: try to peacefully resolve the dispute and does not conflict with the dealer without reasons - in most cases, the company goes to the touch and contributes to the speedy resolution of the dispute in your favor. But if you see that your rights are violated, do not be afraid to go to court and defend them by force.