What Can You Do When a Dealership Holds Your Car Without Diagnostics?
If you're in a situation where a dealership has had your car for several months without providing a diagnostic, it can be frustrating and stressful. This article provides legal and practical steps you can take if you find yourself in this predicament.
Is This a Warranty Situation?
Firstly, determine if this is a warranty situation. If your car is still under the manufacturer's warranty, you have the right to receive warranty repairs from any franchised dealer, not just the dealership you purchased the car from. Here are the steps you can take:
Contact the service manager or general manager of the dealership. Express your concern and request an explanation for the delay. Call the car manufacturer's customer service line. They can provide further assistance and guidance. Consider trying a different dealership. They may be more willing to provide the necessary diagnostics and repairs.If you still do not receive any response or satisfaction, you may consider filing a complaint with the Bureau of Automotive Repair (BAR).
Not a Warranty Situation
If this is not a warranty issue, the dealership's lack of interest in your car is concerning. It is crucial to find a different shop to have your car diagnosed and repaired. Here are some steps you can take:
Look for another dealership or shop that can provide the necessary diagnostics and repairs. Consider the timeline: If you've waited for three months and still haven’t received any actionable steps, it's time to take action and find another provider. If the dealership is giving you the runaround, it may be an indication of poor customer service and possibly management issues. Don’t waste any more time trusting them.Is This a Newer Car Under Warranty?
If your car is still within the warranty period and the issue is related to a defect, you have additional options:
1. **File a Claim Under the Lemon Law:** If the vehicle is under the age limit for the lemon law, you can file a complaint under this law. However, you may need legal assistance to navigate this process successfully.
2. **Seek Legal Advice:** If there is no lawyer in your local area, consider finding one from a nearby town or consulting a legal advocacy group. They can help protect your rights and ensure you receive the necessary repairs.
3. **Contact the Head Manufacturing Company:** If you've exhausted all options with the dealership, contact the head manufacturing company. They can provide guidance and assistance, especially if there are broader systemic issues.
Legal Action and Small Claims Court
If you're not satisfied with the dealership's response, you may want to consider legal action:
**Sue for the Lost Use of the Car:** You can file a claim for the lost use of the car in small claims court. This can be an affordable option, with filing fees typically under $1,000 in many states (e.g., California). Complaints to Government Agencies: If the dealership continues to ignore your complaints, you can file a complaint with the Bureau of Automotive Repair (BAR) or similar government agency. These organizations have the power to investigate and take action against dealerships who violate consumer rights. **Threaten Involvement of Government:**Threatening to involve the government can often prompt a dealership to take immediate action. The Bureau of Automotive Repair (BAR) in California, for example, can investigate the dealership and potentially remove their business license. If your state has no such regulations, the threat can still be a powerful motivator.
In some cases, if the dealership is in California and the car was purchased on a credit card, you can call the credit card company and challenge the payment. If successful, you can then take the car to another shop for diagnosis and repair.
Finally, if all else fails, the Better Business Bureau (BBB) can be a valuable resource. While the BBB has some influence, it is more effective for shops that value their reputation. However, it is not a guarantee of resolution. If the dealership remains unresponsive, you have the option to seek legal action.