Can I claim against car shop findings that car is in working condition?

[lybrand]

Hello,

I'm in TX and I brought my car to car dealership to diagnose electrical issue. Dealership told me there are no issues with a car. To get second opinion I brought it to independent car shop and they found an issue which was missed by car dealership. Second car shop charged me diagnostic fee and I'm wondering if I have any legal grounds to request reimburesment of that fee since car dealership stated that my car has no issues.
I had to bring to dealership first since I have extended warranty and should have they done their job properly both diagnostics fee as well as repair would be free.

 

[quincy]

Hello,

I'm in TX and I brought my car to car dealership to diagnose electrical issue. Dealership told me there are no issues with a car. To get second opinion I brought it to independent car shop and they found an issue which was missed by car dealership. Second car shop charged me diagnostic fee and I'm wondering if I have any legal grounds to request reimburesment of that fee since car dealership stated that my car has no issues.
I had to bring to dealership first since I have extended warranty and should have they done their job properly both diagnostics fee as well as repair would be free.

You can present the diagnostic test fee receipt to the dealership and ask for reimbursement.

How many days passed between the dealership test and the car shop test?

 

[lybrand]

I did contact dealership and asked to reimburse but they flat out refused. My question is whether I have any right based on consumer law to file a small claims court case?

 

[quincy]

I did contact dealership and asked to reimburse but they flat out refused. My question is whether I have any right based on consumer law to file a small claims court case?

How much was the fee from the car shop?

How long between tests?

What was the reason given by the dealership for not reimbursing you?

Nothing prevents you from filing a small claims suit against the dealership. Depending on all facts, however, you might find it a waste of time and effort.

 

[lybrand]

1. Diag fee was $488
2. It was less then a month between the tests. Item which was found to be faulty by 2 independent car shopts was with a car for since it was built (2015)
3. Dealership claims there were no issues with a car when it left dealership

 

[quincy]

1. Diag fee was $488
2. It was less then a month between the tests. Item which was found to be faulty by 2 independent car shopts was with a car for since it was built (2015)
3. Dealership claims there were no issues with a car when it left dealership

So ... you purchased a used vehicle from the dealership and discovered issues with the car a couple of weeks after you drove it off the lot? What does the used car warranty cover?

 

[lybrand]

No, vehicle was not used and I did not buy from that dealership.
I brought it to dealership for service because I have extended warranty which I got when I purchased car new and to use a warranty I have to go to official dealership. Have that dealership found an issue and repaired it then both diagnostic fee and repair fee would be covered by warranty with no out of pocket expenses neither for me no for dealership

 

[quincy]

https://www.texasattorneygeneral.gov/consumer-protection/automotive-scams/buying-new-or-used-car

Thanks for the clarification. So, your 2015 car is covered by a warranty that provides for free diagnostic tests and repairs if the tests and repairs are completed at the dealership. How long is the extended warranty?

 

[lybrand]

Warranty is 10 years or 100,000 miles. I'm still eligible since repairs were performed in different dealership where both diagnostic fee and repair was covered.
I brought it to independent car shop instead of bringing to another dealershop straight away because I was absolutely sure there is nothing wrong a car based on first dealershop assessment and in such cases my car shop would not require me to pay a diagnostic fee. If I brought it directly to second dealership instead and car was again found not to have any issues I would have to pay diagnostic fee for a test.

 

[quincy]

Warranty is 10 years or 100,000 miles. I'm still eligible since repairs were performed in different dealership where both diagnostic fee and repair was covered.
I brought it to independent car shop instead of bringing to another dealershop straight away because I was absolutely sure there is nothing wrong a car based on first dealershop assessment and in such cases my car shop would not require me to pay a diagnostic fee. If I brought it directly to second dealership instead and car was again found not to have any issues I would have to pay diagnostic fee for a test.

Why did you believe the car shop would not charge you for a diagnostic test?

It sounds to me as if you erred in having your car checked out by an independent car shop rather than taking it back to the original dealership or to another dealership for a re-test. Depending on how your extended warranty is worded, you might not be entitled to any reimbursement because you did not follow the terms and conditions spelled out in the warranty.

Again, you always have an option of suing - nothing prevents that - but you probably should have the warranty personally reviewed and analyzed by an attorney in your area, to better determine if you have any chance of succeeding with a lawsuit.

 

[lybrand]

I had agreement with car shop that they are not going to charge me if nothing is found and hence I brought it there. Extended warranty will not cover here and I don't expected them to do since they did not do anything wrong here. My question wether I have any legal rights under this curcumstances to sue original dealership for negligence/incompetence in peforming their duties since if they would have done their job correctly I would not have to incur any additional fees.

 

[quincy]

I had agreement with car shop that they are not going to charge me if nothing is found and hence I brought it there. Extended warranty will not cover here and I don't expected them to do since they did not do anything wrong here. My question wether I have any legal rights under this curcumstances to sue original dealership for negligence/incompetence in peforming their duties since if they would have done their job correctly I would not have to incur any additional fees.

I don’t think you can show negligence or incompetence. If your car continued to have problems after the initial testing, you should have returned to the dealership and let the dealership re-test (and repair).

Because there were days between the first test and the second test, it is possible that the dealership could claim problems arose after the initial test.

 

[cbg]

The bottom line is that if you are looking for a law you can invoke that will require the dealership to reimburse you, there isn't one.

I'm not saying that a judge wouldn't find in your favor or that a review by counsel of your warranty might not find liability on the part of the dealership. Either might happen, though neither is a guarantee. But there isn't any law that is going to automatically make the dealership responsible.

 

[Litigator22]

1. Diag fee was $488
2. It was less then a month between the tests. Item which was found to be faulty by 2 independent car shopts [sic] was with a car for since it was built (2015)
3. Dealership claims there were no issues with a car when it left dealership.

Just curiously, but how do you account for the absence of any mention in your first post of car shop #2 having confirmed car shop #1's purported finding of an "electrical issue"?

Also, since it appears that car shop #2 made no charge for its alleged corroborating diagnosis why didn't you take the vehicle to car shop #2 in the beginning and save the $488? fee? (Some more skeptical soul might just sense fictitious embellishment to attract readership interest might be at hand.)

Anyway and whatever . . . what legal theory do you propose to urge the court to adopt justifying a favorable judgement against the dealership? Must be a novel cause of action. " Car dealer malpractice" perhaps?

 

[quincy]

I have fewer questions about the dealership and its purported failure to find any issue with the car than I do about car shop #1 charging $488 for a diagnostic test (unless this amount also included a repair).

Diagnostic tests, if not free under a warranty, generally are relatively inexpensive car scans ($50 or thereabouts). And the tests generally do not provide a specific diagnosis of a problem - they only indicate an area of a car that might have a problem. The tests themselves are not 100% guaranteed accurate. A technician/mechanic reads the scan results and takes it from there.

I think the warranty needs to be read carefully first but I can understand the dealership’s reluctance to cover the (seemingly high) costs of a diagnostic test done by a random car shop.