dobbs4m16

Vehicle back to customer before repairs complete

5 posts in this topic

Customer brings vehicle into dealership to have three repairs made. Dealership fixes two problems--order parts for third, tell customer take vehicle back, it will be a week before part is in, bring it back in a week and dealership will complete repairs and customer can pay for all repairs then. Dealership does not collect pay when customer takes car back and customer promises to return in a week, dealership leaves Repair Order open. Customer causes highway accident next day due to being unattentive--I have heard dealership could be held responsible for accident because dealership has open Repair Order on this vehicle.  Is there any truth in this?

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Depends.  Did the crash result from the unfinished repair?  If so, possibly but probably not:  if not, no.  The presence of a memorandum of an unfinished contract would have no significance in determining liability.  I wonder where you would have heard that an open repair order would cause a crash.

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14 hours ago, dobbs4m16 said:

I have heard dealership could be held responsible for accident because dealership has open Repair Order on this vehicle.  Is there any truth in this?

 

For that reason alone, no.

 

As you have described the situation, the time line is as follows:

 

1. Customer brings vehicle to dealership to have three repairs made.

2. Dealership makes two of three repairs.

3. Customer picks up vehicle.

4. Customer causes accident.

 

Correct?  "RetiredinVA" referred to an "unfinished repair," which implies that the dealer started making the third repair before the customer picked up the car.  However, your post doesn't anything about the dealer starting the third repair.  Nor does it say the dealer didn't start the repair (although I think that is the more reasonable inference).  So which is it?  Also, you haven't told us anything about the third repair, so for all we know, it involved repairing a torn piece of upholstery in the rear seat, which couldn't possibly factor into an accident.

 

If the dealer had started the third repair, and if the dealer had returned the car to the customer in a condition that made it more likely that a problem might result while the vehicle was being operated, and if that contributed to the accident, then the dealer might have some liability.  However, the notion that the dealer might have liability solely because of an open repair order is beyond silly, and I too wonder where you might have heard such a thing.

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   Heard this from our Service Manager.  I work in the Parts Department. The scenario I used above was just that--a scenario. Here is what happens a lot, and what prompted this question.

   Technician comes to the back counter, get some parts (I.E., oil filter, oil, wiper blades), returns later, says" Customer complains power window is inop, I checked it out--needs power window switch". I look up the part, do not have in stock, tell tech I have to order. Tech responds "order it". With our DBS, I bill on Repair Order, which puts part on order from our supplier--then before part gets here (later that day, or next day) Service Writer or Manager comes back and says "take parts on order off ticket, customer taking car--I'll get him back in when part comes in (will he? does he?), I've got to close the ticket out because if he gets into an accident, and I have an open ticket on the vehicle..............

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25 minutes ago, dobbs4m16 said:

Heard this from our Service Manager.

 

So...your service manager told you that a "dealership could be held responsible for [an] accident [solely] because [the] dealership has [an] open Repair Order on [the] vehicle" driven by the at-fault driver?  As noted, anyone who told you this doesn't have the slightest clue what he/she is talking about; the only way the dealer could have any liability would be if the dealer was negligent and the negligence contributed to the accident.  That said, if he wants to run the business based on this misapprehension about the applicable law, there's no real harm in doing so.

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