Mechanic refuses to release car unless repairs are done
 

My aunt from Pittsburgh emailed me and told me she brought her car in for an inspection and the mechanic refused to let her take her car unless she had the repairs done there.

She wrote: "Had some issues with the brakes...thought we got them fixed...went to get inspection and found out the ball joints on the front end were shot, which caused other issues with the brakes....mechanic REFUSED to let me bring it home...said the wheels could fall."

So this reminded me that this is not the first time I've heard of a mechanic refusing to let a customer leave unless repairs were done.

My friend once went in to get an estimate for a brake job at a Midas dealer in Chicago and they refused to let him leave in his truck because they said the brakes were too bad. He had to pay to have the brakes done or they couldn't release it. He had to have me pick him up and he rented a UHaul trailer to tow it away. We ended up doing the brakes in his driveway and they weren't even that bad, just grinding from the pads being worn out.

Is this legal? Can a mechanic refuse to let you take your car?

Sounds like a method to just make you overpay and get them some business.

i think there could be some liability there if they know that there are faulty parts. If they were to get in an accident, they could blame the shop for not informing them, even though they were told.

The only time a mechanic can hold your car is if you haven't paid for services performed. Other than that there is no way for him to legally hold your car. Unless the law is different in Pennsylvania, thats how it is here in New Jersey.

All the shop has to do is write something on the customers recipt that there is a problem with XYZ and that the car is unsafe to drive and explain it to the customer.

Gotta check local laws and regulations. Might want to call a dealer in the area or google state and local laws.

At most they can insist you sign a waiver releasing them from liability.

I would report them to the agency that oversees mechanics as well to the network that does consumer advocacy programs on TV.

Did she pay them? If so I'd be suing for a refund.

She's got a spare key and a lawyer. It's the mechanic's choice as to which one he wants to have her use.

Yep she paid $400 for repairs. He said that was the minimum to make it "legal" to drive so he could release the car to her. According to the mechanic, the ball joints were bad so the brakes couldn't function properly and the wheels could fall off. She got ripped.

IMO tell her to get it checked out at a couple of other legit places, and if they have a different diagnosis (i.e. less severe) then get a lawsuit filed for a refund. Sucks for your aunt, though.

Pensylvania state inspections are a joke. they are only a way for shady mechanics to rip off individuals.


I higly doubt it is legal for them to hold onto someone elses property. Like someone else said. she got spares keys. too bad she got ripped.

case in point. my sister just went in a month ago and failed her state inspection because a motor mount wast good. on top of that they insisted she needed a valve cover gasket and distributor o ring because the oil was going to break the motor mount and no cars passed state inspection if they had oil leaks. a$$holes

I don't see how ball joints can affect you brakes. IMO he's full of shit.

no mechanic can hold your car, unless as stated above (if a bill has not been paid).

911 is your friend... they cannot hold the car,

These are the two smartest responses in here.

Every state or province (up here in :canada:) have different laws. Our family has owned many garages, dealership etc and YES you can hold the car in our province if its deemed to be a danger on the roads to others. Usually this is for very extreme cases and is rarely done though.

This is done just for liability issues because if you left and killed/injured someone and it was proven the cause of the accident was the part that the shop said was faulty.....well guess who is getting sued by the victims family.

If you go down with a tow truck though etc and remove it shouldnt be a problem.

Once again though research your state laws or just ask if its ok to tow it off the lot.....that will release them of any liability.

:werd:

First thing I would have done was call the cops. Well first thing I would have done was told the mechanic to give me the car back... if they refused I would have told them I was going to call the cops. If they still refused, I would have called the cops.

No way I would have paid a dime...

Have your Aunt contact the PennDOT and ask them. Here in VA if it doesn't pass inspection they just place a red rejection sticker on your window and you can get a ticket for driving. I can see if it's a dangerous enough situation with the vehicle, the shop would not release a car back on the road. There may be a serious problem with the cars wheel getting ready to fall off as stated and it's not going to pass inspection and legally cannot be on the road.

http://www.dmv.state.pa.us/inspectio..._faq.shtml#Q01

How do I file a complaint against an official PennDOT safety inspection station?


To file a complaint against an official PennDOT safety inspection station you should contact the Quality Assurance Officer that is assigned to your county. To find the Quality Assurance Officer in your area, please check the Quality Assurance Officers contact list.

they cant hold your car. last time i took my car to a tire shop to rotate my tires, they found my inner tire was worn down to the wire and i didn't want the crappy tires from that shop so they made me sign a waiver saying that they had warned me about any safety defects on my car and that i release them from any liability that may happen after they warned me.

911: What is your emergency?
Her: I'd like to report a stolen car.
911: Ok, do you know who own's the car?
Her: Yes, me.
911: By chance did you happen to see it being taken?
Her: Yes I did. I also know where it is.. I have the address.
911: Ok, can you give me that information?
Her: Certainly. It's ........ and it's still there.
911: Ok, fine. We'll send several squad cars over immediately.

This oughta get their attention.

This is a sticky situation, as a consumer, if it were my car I would be LIVID and would demand the car be returned or call the police and have them enforce the return of my car. As a former shop owner I know the risk you run if the car is truly unsafe and you let them leave even with a waiver, a signed waiver means very little if it turns into a personal injury case. There are many documented cases of shops performing work that they knew was unsafe, had the work order signed and the unsafe items listed accurately and still being held accountable.

As mentioned above, you should find what the exact laws are in your area and go from there. It is a double edged sword, I can see both sides and empathize with each party, from the consumers stand point it seems unfair and is the definition of being ripped off by a shop, from the shop owners perspective you could easily lose your business, sometimes it's worth upsetting some people to protect yourself.

As for reporting the car stolen I don't think that would fly, if you knowingly gave them the key I think that rules theft out. Ransom perhaps, but not theft.

Yea she's an older single lady and just got taken advantage of. Now maybe her balljoints were actually bad but she didn't get the chance to get a second opinion or compare quotes. Poor thing she doesn't have the money for repairs in the first place. As for her calling a lawyer, I think she is embarrassed and is too proud to do anything about it. I was just wondering what everyone else thought. If it was me I would've said BS, hand me my keys or I'm calling the police.

if she's got a spare key and she's paid the dude for services he completed already then at night go pick up her car. There's nothing the repair shop can do. they are paid.

:co: ^^


all she had to do was sign a piece of paper that said, i undertsand what the mechanics saying, and im taking full responsbility for anything that may happen. then shes good to go

My friend used to be a tech in CA and he said that if the car was unsafe to drive, he is supposed to call the police department and have the car impounded. But as some other poster mentioned, it depends on your state.

so, how about an update!!

Yes this is legal. Would you give a drunk driver their keys if you are a bartender. Absolulty not. The mechanic is liable if anything happens to you or anyone else. Why would you even try to drive the car when the mechanic is telling you the tire could fall off? We are thought this in school becasue we can be sued. How else are you gonna get that car home or to another shop with out driving it? The mechanic is doing us all a service. We have families driving on those same roads. Tow the car or pay for the services. Dont risk our lives because you are cheap.

That's not true at all. Mechanic has every right to refuse to let you drive vehicle from their shop when it is unsafe. Why would you risk your own life or anyone else's.

Not true either. You are not only liable for the customer who is driving the car but the other people on the road around her when you are a mechanic. If this was the case then drunk people would be singing papers at the bars to drive home. Stupid logic. Dont be cheap and fix the damn car. You are risking lives. Nobody is liable in court except the trained mechanic.

:zombie: 10 years later.

:lock:

Blast from the past!


Apparently Jeromy joined to respond to this thread..

3 posts all here.

Welcome.

Jeromy Burks.....
https://cimg2.ibsrv.net/gimg/acurazi...65d1c7ab2c.jpg

This story reminds me of when, years ago, I took my car into the shop to get the AC checked out. It wasn't blowing cold, just had a smiggin of cool air blowing. The mechanic told me that there was a leak and I also needed a new compressor because it had "black death" (whatever that is). I think it was contaminated. Anyway, I couldn't afford the repair and decided to get another opinion. I drive off and now my AC is not even blowing any cool air. I'm hot (in more ways than one)! I return to the shop and the mechanic tells me that because I had a leak that, by law, he had to drain all of the Freon. AHHHHHHHHHHHHHHHHHH!!! Bastard, you could have told me that before I pulled off. I eventually got the system fully repaired. If the first mechanic would have informed me of what he did before he handed me back my keys I might have gave them the repair job.

Locked.