Consumers' Rights When They Visit a New Jersey Auto Mechanic

Dealing with an auto repair shop is often a bad experience for vehicle owners. Not only is their vehicle in need of repair, but they also often feel like they are being taken advantage of. And in some cases, it is not just a feeling. The car repair shop or dealership is actually doing something that is not on the up-and-up.

To help protect car owners from shady car repair practices, states have adopted a fairly comprehensive set of regulations. These regulations make it clear what a customer has the legal right to expect when getting vehicle maintenance. For help enforcing your rights as a car owner, reach out to a consumer law attorney.

Your Right to a Written Estimate

Though no federal law that mandates written repair estimates for general consumers, the Federal Trade Commission (FTC) prohibits unfair and deceptive trade practices under the FTC Act. Shops that mislead or fail to disclose charges upfront may violate FTC standards.

Auto warranty disputes may fall under the Magnuson-Moss Warranty Act if the estimate affects warranty coverage.

The majority of states require repair shops to provide a written estimate for any work above a minimum dollar amount. They must also disclose diagnostic fees, labor rates, and parts pricing. The customer must then give authorization before beginning repairs. If additional work is needed, the shop must notify the customer and get approval before proceeding.

Requiring a written estimate and consent helps consumers avoid unauthorized or inflated charges. They can compare estimates from multiple shops, protecting free commerce and competition among repair shops. It also holds shops accountable if they deviate significantly from the agreed price.

Jonathan Rudnick, an attorney in Tinton Falls, says the most common way repair shops run afoul of the law is by hitting people with unauthorized bills. “What will happen is, somebody will bring [their car] in, and when they come to pick it up, [the repair shop] presents them with a $5,000 bill. And the owner says, ‘Well, I didn’t authorize that,’ and they say, ‘Well, you needed it. So we did it.”

Unfortunately, it’s difficult for consumers to fight bills for unauthorized repairs at the shop. “They don’t have their car,” Rudnick explains. “The repair shop has all the leverage, and consumers actually have very little way of fighting. And by the time they’ve gotten to me, they’ve usually had to pay it to get their car back.”

Do I Have To Pay for Unauthorized Repairs?

Most states require repair shops to get your approval before moving forward with any work over a certain dollar amount, typically around $50 to $100. If the repair cost exceeds that threshold or goes beyond the original work order, the shop is supposed to notify you and get updated consent for the additional authorized repairs. If they don’t, and they move forward anyway, they may lose the right to collect full payment. In some states, you’re only responsible for paying the amount you agreed to or nothing at all.

But even if the work was unauthorized, the shop may still refuse to return your vehicle until you pay. Many states allow businesses to place a mechanic’s lien on your car, which gives them the legal right to hold it until the bill is settled. That leverage often forces car owners to pay just to get their vehicle back. If that happens, you can pay under protest and pursue legal options later. Be sure to document your disagreement in writing and ask the shop to note “paid under protest” on your invoice.

Blanket Authorizations

There are some exceptions. If you signed a blanket authorization, something that’s often included in insurance paperwork, the shop may argue that you gave them permission to make any necessary repairs. Verbal approvals can also be allowed in some states, though they’re harder to prove. In a few cases, shops may be allowed to make emergency repairs without advance approval, especially if the issue is safety-related or necessary to complete the job.

If you’re billed for work you didn’t approve, ask for a copy of the original estimate and any notes or messages showing how the shop claims you gave consent. Request a breakdown of the charges. If they refuse to release your car, consider paying under protest, but make it clear in writing that you don’t agree to the charges.

Your Right to an Itemized Invoice and Old Parts

After your vehicle is serviced, you have the right to know exactly what was done and how much you were charged for each part and repair. A clear, itemized invoice is more than just good business practice. It’s often required by law. Most states mandate that repair shops provide a final bill or statement of charges once the work is complete. This invoice should break down:

• The motor vehicle repair performed
• All parts installed, including new, used, or rebuilt components
• The total cost of the repair

You may also have the right to inspect or keep any parts that were replaced during the repair. State laws vary, but many allow consumers to request the return of old parts, especially if there’s a dispute about whether the part needed replacement at all. However, you typically need to make this request when the estimate is approved, not after the work is done.

These rights don’t disappear just because an insurance company is footing the bill. If you’re getting repairs as part of an insurance claim, you’re still the vehicle owner, and that means you’re the one who must authorize any work. Even during an insurance repair, you’re entitled to an estimated price, itemized invoice, and, where applicable, the return of replaced parts.

“Let’s say you take it there for an insurance estimate, so they have you sign a blanket authorization to do whatever repairs they want to do,” Rudnick says. “Just because an insurance company is repairing a vehicle, it doesn’t mean they’re authorized to do what they wish. And then when the insurance company doesn’t want to pay for the cost of repairs, the body shop owners go back to the vehicle owner and say, ‘You’ve got to pay me, the insurance company wouldn’t pay for it.’”

What Is an Auto Repair Warranty?

An auto repair warranty is a promise (written or implied) that repair work or replacement parts will perform as expected for a certain time or mileage. Warranties protect consumers from faulty parts, poor workmanship, and premature breakdowns after service.

It’s common for auto repair shops to provide a warranty for the vehicle repair services performed directly by the shop. The terms of this coverage can vary significantly, often being defined by a time or mileage limit. Warranties are not endless, though. It’s common for them not to cover normal wear and tear, damage from misuse or neglect, or issues not reported during the warranty period.

The federal Magnuson-Moss Warranty Act applies to written warranties for consumer products, including auto repairs. It requires clear and easy-to-understand warranty terms. Warranties must also include a disclosure of limitations or exclusions. It empowers consumers to enforce a provided warranty in court and recover attorney fees. It also makes it illegal for shops to void warranties simply because you used independent (non-dealer) repair services.

Some states require auto repair shops to provide a minimum amount of warranty coverage after certain types of automotive repairs. Shops are required to provide warranty coverage to consumers at the time of services provided. If a shop denies a warranty claim, ask the shop to provide the denial and the reason for the denial in writing. This can be crucial later if you decide to pursue a legal claim.

How To Handle a Dispute with a Mechanic

If your dealer does not follow the procedures described above, or you are dissatisfied with any repair work performed, you should first address your concerns to the owner or manager of the dealership or service shop. A reputable shop will employ qualified automotive service excellence (ASE) mechanics who stand behind their work. The mechanics and owner will want their customers to be satisfied.

If that does not fully address your concerns, you can file a complaint with the state’s Division of Consumer Affairs. “Or contact a lawyer who knows the regulations to do what needs to be done on this,” Rudnick says. Getting legal advice about your situation is often the wisest course of action.

If the dealer has, in fact, violated the law, you may be able to get your money back and be entitled to triple your damages, whatever your ascertainable loss is, plus legal fees.

“Always get a second opinion,” Rudnick say. “Everything has to be authorized. I don’t care who’s paying. If it’s my car, I’m the owner. And I authorize whatever repairs need to be done.”

What To Do if You Suspect Auto Repair Fraud

The first step in protecting your consumer rights is to recognize the signs of potential auto repair shop fraud. Common red flags include being billed for repairs or parts you didn’t authorize, charges over the written estimate, or the shop refusing to return old parts.

If you suspect fraud, ask the auto repair shop for a copy of the written estimate and final invoice. Create a document that includes everything you know about the situation. Write down the dates of service, names of the mechanics and service writers, and the specific repair recommendations. Make a copy of all communications you have with the repair shop.

Take pictures and video of the vehicle issue/damage before the auto repair shop works on the vehicle and after they complete the agreed-upon work. Keep any old parts the auto repair shop gives you. Locate a copy of your car’s repair history and warranty information.

Filing a Complaint with a Government Agency

With your information in hand, file a complaint with the appropriate agency. Depending on the state, this could be a consumer protection agency, the attorney general’s office, the Department of Motor Vehicles (DMV), or a state agency that licenses repair shops. It’s also good to report the potential fraud to the FTC. This is especially important if you believe the fraud was part of a pattern of deceptive business practices.

Reporting the issue to the Better Business Bureau (BBB) can publicize the auto shop’s actions. The BBB can help you find an acceptable resolution with the auto shop while also alerting other consumers to the shop’s actions.

If the repair shop refuses to fix the problem or return your money, you may have grounds for a claim in small claims court or a lawsuit in civil court. Which you file in will depend on the amount of damages in dispute. Generally, individuals in small claims court represent themselves. Hiring a consumer protection attorney to represent you in civil court can be beneficial.

When To Contact a Consumer Protection Attorney

If a repair shop crosses the line, you may be entitled to reimbursement, damages, or legal remedies. Because these disputes often involve state-specific laws and complex documentation, it’s smart to speak with an attorney. A consumer protection lawyer can help you enforce your rights and hold the shop accountable.

Use the Super Lawyers directory to find an experienced consumer lawyer near you.