Can shop do high $ repair w/o my consent?

[themetro]

I left my 1991 diesel pick-up truck at a repair shop. I told them it was smoking, using oil, and was hard to start. I did not specifically ask to be consulted before any repair was performed, nor did I authorize any service. I only asked that they check it, and determine what was needed to correct the problems.

Four days later, I called them and learned that they had done a number of things, and that the truck will start now "if you fiddle with it." Further explanation revealed that they meant you have to cycle the glow plugs repeatedly and try cranking in between. They said the compression was low. The total bill was over $1500, including $1000 for labor (20 hours.)

I have two main bones of contention. First, I think they were out of line to run up such a high bill without asking for my authorization. I expected them to look at it, and give their assessment and recommendation, along with a cost estimate. For that much I guessed I would pay no more than $200, and then decide whether it was worth whatever they recommended.

Second, I think it was poor judgement to perform the repairs they did under the circumstances. Nothing they did addressed the smoking problem. Based on the compression test, it is almost certain the engine needs to be replaced or completely overhauled. What reasonable person would advise me to spend over $1500 to patch up a blown engine?

Do I have a case for a small claims action? Or did I, simply by leaving it there without specifically requesting that they get my permission before doing a lot of work, give implied consent for the repairs? I'm in Tennessee.

[Edited by themetro on 03-25-2001 at 04:46 PM]

 

[JETX]

Read the work order you signed. Does it give them authorization to proceed with the work?? Does it require prior approval or estimates before work??

Also, some state laws require prior written approval or acceptance of repairs before the mechanic can perform the work.


You need to look at the Tennessee Code, Section 47-18-104 (Unfair or deceptive acts prohibited), specifically:
(a) Unfair or deceptive acts or practices affecting the conduct of any trade or commerce constitute unlawful acts or practices and are Class B misdemeanors.
(b) Without limiting the scope of subsection (a), the following unfair or deceptive acts or practices affecting the conduct of any trade or commerce are declared to be
unlawful and in violation of this part:
(13) Representing that a service, replacement or repair is needed when it is not; AND
(15) Failing to disclose that a charge for the servicing of any goods in whole or in part is based on a predetermined rate or charge, or guarantee or warranty, instead of the value of the services actually performed; AND
(27) Engaging in any other act or practice which is deceptive to the consumer or to any other person; AND
(28) (A) (i) Failing of a motor vehicle repair facility to return to a customer any parts which were removed from the motor vehicle and replaced during the process of repair if the customer, at the time repair work was authorized, requested return of such parts; provided, that any part retained by the motor vehicle repair facility as part of a trade-in agreement or core charge agreement for a reconditioned part need not be returned to the customer unless the customer agrees to pay the facility the additional core charge or other trade-in fee; and provided further, that any part required to be returned to a manufacturer or distributor under a warranty agreement or
any part required by any federal or state statute or rule or regulation to be disposed of by the facility need not be returned to the customer; or
(ii) Failing of a motor vehicle repair facility to permit inspection of any parts retained by the repair facility if the customer, at the time repair work was authorized,
expressed the customer's desire to inspect such parts; provided, that if, after inspection, the customer requests return of such parts, the restrictions set forth in
subdivision (b)(28)(A)(i) shall apply;
(B) (i) Failing of a motor vehicle repair facility to post in a prominent location notice of the provisions of this subdivision; or
(ii) Failing of a motor vehicle repair facility to print on the repair contract notice of the provisions of this subdivision;
(C) The motor vehicle repair facility need not retain any parts not returned to the customer after the motor vehicle has been returned to the customer;

Finally, there appear to be two bills currently being discussed or recently passed which appear to directly involve your issues:
http://www.legislature.state.tn.us/bills/currentga/BILL/SB1470.pdf
http://www.legislature.state.tn.us/bills/101gahtm/101_BILL/HB2165.pdf