Can a Repair Shop Keep An Unsafe Car
Today we are going to talk about a bit of a sensitive topic.
Should a repair shop be able to keep your car if it is unsafe?
Let me set the stage. A customer brings their car into the shop. The mechanic takes it on a short test drive, and finds the brakes barely work. After inspecting the car, the mechanic finds that the brakes are leaking fluid. This prevents the brakes from engaging. It is only a matter of a few miles before the car will loose all braking.
As you might guess, this is a very serious situation. I don’t think that I need to go into detail about how not having brakes is a bad thing. Not only does it endanger the driver, but all the other drivers on the road. Now the words that scare everyone come out of the customer’s mouth “I am not going to fix the car”.
Okay, we have established the fact the car is 100% unsafe. We also know that the customer is not fixing the car. What happens next?
The Shop Attempts to Keep The Car
What were to happen if a service station attempted to keep a car. I don’t think it would take very long for the situation to escalate. I am sure that law enforcement would get involved. Laws do very from state to state, but I could not find any state that said a service shop could keep a customer from there car. In fact I seemed to find the opposite. Shops can not get in the way of a customer taking their property. It is really that simple.
The Customer Takes The Unsafe Car
This is a very serious situation. Best case the customer gets the car home and parks it. Giving them time to get the car repaired. Worst case, the customer gets into an accident. You can fill in the blank on how bad that could be.
From a service department prospective, this is a HUGE liability. If that customer were to get into an accident, the blame would be immediately be focused on the service department. It would go something like,
I was just at the service place. They didn’t tell me that it was unsafe. I don’t know anything about cars. I trusted them to keep me safe.
The customer has a point. They do trust the service department to keep them safe. However, the customer the one that makes the choice to repair or not to repair.
In a perfect world, no cars would ever break. If they did break, everyone would have the time and money to fix them. So how does a shop handle a situation like this? If after informing a customer of the severity of the situation, they decline the repair. The shop will add a special note to the customers repair order stating the issue and the car in “UNSAFE”. Some refer to this as “red tagging”. The customer will then have to sign saying they understand.
What do you folks think? Should a shop be able to keep an unsafe car from leaving the lot? Or would shops use that as a “scare tactic” to strong arm customers in to paying for repairs? Post up your thoughts in the comments below. This is one that a strong case can be made on BOTH sides.
Don’t forget the enter the contest to win a Snap-On magnetic tray. All the details are listed at the bottom of yesterday’s Shop Shots post. I will pick a winner on Friday 10/05/12 in the evening.