Car repair and returning of old parts.

[DonB]

What is the name of your state? California

I recently had my vehicle in for routine service at a local dealer. During the vehicle inspection the mechanic identified that a repair was needed. After some research I was OK with moving forward with the recommended repair but I did ask for my old parts back. The estimate was done via email as was my permission to perform the additional work as well as my request for the return of my old parts. In the proceSS of following up on the vehicles status i reminded the service advisor about returning my old parts. I had even insisted that he reply to confirm acknowledgment of my request, which he did.

When I arrived at the dealership to pick up my vehicle the service advisor came up and greeted me. After we exchanged pleasantries I asked if my old parts were in the car, he assured me they were. When my vehicle was brought up I looked in the car and no parts were found. I went back inside to tell the service advisor and I suggested he go inside the shop to look for the parts. He said the technician had gone home and he would check with him the next morning. I placed a followup call the next day and was told my parts had been thrown away. I also have a voicemail for the service manager stating the same, “the old parts had been thrown away”.

I know under CA law that if old parts are requested to shop is to comply but I cannot find any specifics as to what happens when the parts are not actually returned. These were new parts so no “core” charge applies and they were not under and sort of “warranty”. Any clarification or advise on this matter will be greatly appreciated, thanks for reading.

 

[Zigner]

What is the name of your state? California

I recently had my vehicle in for routine service at a local dealer. During the vehicle inspection the mechanic identified that a repair was needed. After some research I was OK with moving forward with the recommended repair but I did ask for my old parts back. The estimate was done via email as was my permission to perform the additional work as well as my request for the return of my old parts. In the proceSS of following up on the vehicles status i reminded the service advisor about returning my old parts. I had even insisted that he reply to confirm acknowledgment of my request, which he did.

When I arrived at the dealership to pick up my vehicle the service advisor came up and greeted me. After we exchanged pleasantries I asked if my old parts were in the car, he assured me they were. When my vehicle was brought up I looked in the car and no parts were found. I went back inside to tell the service advisor and I suggested he go inside the shop to look for the parts. He said the technician had gone home and he would check with him the next morning. I placed a followup call the next day and was told my parts had been thrown away. I also have a voicemail for the service manager stating the same, “the old parts had been thrown away”.

I know under CA law that if old parts are requested to shop is to comply but I cannot find any specifics as to what happens when the parts are not actually returned. These were new parts so no “core” charge applies and they were not under and sort of “warranty”. Any clarification or advise on this matter will be greatly appreciated, thanks for reading.

File a complaint with the California BAR (Bureau of Automotive Repair). See https://bar.ca.gov/consumer/auto-repair-basics for more information.

 

[Zigner]

For reference, here is the law that requires the return of used parts.

https://govt.westlaw.com/calregs/Document/I1777A8234C8211EC89E5000D3A7C4BC3?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)&bhcp=1

I don't see any fines specifically listed. If you are hoping for some sort of financial compensation, then you would need to prove the value of the old and broken parts that were replaced.

EDIT: For an additional mention of the requirement: https://law.justia.com/codes/california/2021/code-bpc/division-3/chapter-20-3/article-3/section-9884-10/

 

[DonB]

For reference, here is the law that requires the return of used parts.

https://govt.westlaw.com/calregs/Document/I1777A8234C8211EC89E5000D3A7C4BC3?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)&bhcp=1

I don't see any fines specifically listed. If you are hoping for some sort of financial compensation, then you would need to prove the value of the old and broken parts that were replaced.

Thanks for the reply and links. The law as written is specific about returning old parts but no mention of fines and or consequences upon failure to do so. I have filed a complaint with the B.A.R. so at some point I’m sure they will contact me. FWIW the parts I requested is because after some research out the problem I had is become rather common due to a perceived design flaw in the parts and vehicles engine harness. Same problem exists on the generation prior to mine and there was even a “recall” for it. I had even spoken to the manufacturers “customer relations” department and asked for financial assistance with the repair, I was denied.

In addition I had a lengthy conversation with the dealers service manager and asked exactly how they came to find my problem. The vehicle went in for a routine service (as mentioned above) and was running fine with no warning lights on. What he told me was this problem has become common and they are actively “looking for it”.

So while I was waiting for my repair to be completed I began to look into starting a class action lawsuit against the vehicle manufacturer and the old parts could have proven useful IMO.

 

[Zigner]

There are mentions in other parts of the code of consequences related to their license, but not fines (at least, none that I saw).
I see you put the word "recall" in quotes. There either was a recall or there wasn't. There could also have been a TSB put out.

 

[zddoodah]

I know under CA law that if old parts are requested to shop is to comply but I cannot find any specifics as to what happens when the parts are not actually returned. These were new parts so no “core” charge applies and they were not under and sort of “warranty”. Any clarification or advise on this matter will be greatly appreciated, thanks for reading.

Review sections 9884.10 and 9884.20 of the Business & Professions Code. Your recourse is to make a complaint to the Bureau of Automotive repair and/or sue for the value of the parts.

I have filed a complaint with the B.A.R. so at some point I’m sure they will contact me.

Maybe. Unless this place has a history of violations, it'll probably get nothing more than a warning and you'll not likely be notified about it.

I began to look into starting a class action lawsuit against the vehicle manufacturer and the old parts could have proven useful IMO.

If there's a class action to be filed, it will originate in a lawyer's office, not from a single person whose only damages are some repair bills.

 

[DonB]

If there's a class action to be filed, it will originate in a lawyer's office, not from a single person whose only damages are some repair bills.

Yes I’m aware. I have already spoken via phone to a law firm who is already involved in a few class action cases with the same automobile manufacture. They seemed fairly interested, from what I’ve found so far this involve many more vehicles than my own.

 

[Bali Hai Again]

Something smells fishy. From past experience I would be making good and sure the parts you paid to have replaced were actually replaced. How can a wiring harness go bad??

 

[Zigner]

Something smells fishy. From past experience I would be making good and sure the parts you paid to have replaced were actually replaced. How can a wiring harness go bad??

A few possibilities off the top of my head: Chafing/abrasion against adjacent parts. Being routed too close to a heat source. Wrong gauge wire being used.

Oh and one that I have personal experience with: Failure of a down-stream component that causes excessive current to flow through the harness.

 

[DonB]

There are mentions in other parts of the code of consequences related to their license, but not fines (at least, none that I saw).
I see you put the word "recall" in quotes. There either was a recall or there wasn't. There could also have been a TSB put out.

You are correct, a TSB does exists but I was found under recalls. It involves 14 model vehicles and two engine families. My vehicles chassis number is included but not the engine mentioned in the TSB.

 

[Zigner]

You are correct, a TSB does exists but I was found under recalls. It involves 14 model vehicles and two engine families. My vehicles chassis number is included but not the engine mentioned in the TSB.

Save your paperwork and make sure you report your problem to the NTSB*. Enough reports can cause the TSB to be expanded or even a recall to be issued. If that occurs, you will should be reimbursed.

*EDIT: I mean report it to the NHTSA at https://www.nhtsa.gov/report-a-safety-problem#index

 

[DonB]

Something smells fishy. From past experience I would be making good and sure the parts you paid to have replaced were actually replaced. How can a wiring harness go bad??

Sounds odd I know but the issue is this. The vehicle is equipped with four camshaft solenoids and four camshaft position sensors. The sensor fails, usually cracks, and creates and oil leak that gets into the sensors connector. Then through capillary action the oil travels throughout the wire harness contaminating other sensors and the DME (Digital Motor Electronic), most people call it the engine computer. I’ve also seen the same thing happen with engine coolant leaks. As for the validity of the problem I’m 100% sure it exists.

 

[Bali Hai Again]

Sounds odd I know but the issue is this. The vehicle is equipped with four camshaft solenoids and four camshaft position sensors. The sensor fails, usually cracks, and creates and oil leak that gets into the sensors connector. Then through capillary action the oil travels throughout the wire harness contaminating other sensors and the DME (Digital Motor Electronic), most people call it the engine computer. I’ve also seen the same thing happen with engine coolant leaks. As for the validity of the problem I’m 100% sure it exists.

Thank you for that explanation. I have never heard of that problem.