Car warranty repair: consumer rights

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Published: 09.13.2018

Reading time: 6 min

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The legislative basis for the buyer to submit claims for warranty repairs and other warranty services of a vehicle is the Law of the Russian Federation No. 2300-1 “On the Protection of Consumer Rights” (ZoZPP), the Civil Code of the Russian Federation, Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 No. 17 “On consideration by the courts civil cases on disputes regarding the protection of consumer rights.”

Legal car warranty How long is the warranty period for a new car?
Is there a warranty for used cars?

Car repair period under warranty

How is the warranty repair period calculated?

In what cases can repairs be refused?

Extension of the warranty period in case of repairs

Legal warranty period for car repairs

First, let's understand the concepts so as not to confuse the warranty period and the warranty repair period.

The warranty period is the period of time during which, if the consumer discovers defects in the product, the seller is obliged to satisfy his requirements provided for in Article 18 of the Law on the Protection of Consumer Rights

The above article includes a number of requirements, including “free elimination of product defects.”

Warranty car repair is the satisfaction of the consumer’s request for free elimination of car defects during the warranty period.

The period of warranty repair of a car is the period of time in accordance with the Consumer Rights Protection Law between the submission of a claim to eliminate the defects of the car under warranty and the return of the car after repair.

Article 20 of the Law of the Russian Federation “On the Protection of Consumer Rights” provides for the following warranty repair periods:

Immediately. If, when handing over the car, the duration of the repair is not indicated anywhere in the documents, then by law it must be carried out immediately, that is, within the minimum required period.
Time period agreed upon in writing by the dealer and the car owner If the dealer is not able to correct the defects immediately, he can agree with you on the time he needs, for example, in a work order. Please note that it cannot exceed 45 calendar days.

Does it apply to all cars?

The owner must remember that the vehicle warranty may be canceled early in the following cases:

The service book is missing or is not formatted properly.
neglect of scheduled and daily maintenance;
attempts to forcibly change mileage readings, tampering with the device, dismantling the instrument cluster.
non-compliance with operating requirements, participation in racing, use on sandy roads, as a tug or taxi.
mechanical damage, including during an accident, followed by replacement or repair of one of the components, or its basic part (front/rear suspension, engine, steering, automatic/manual transmission, transfer case), if it is necessary to straighten or replace power elements body
installation of additional systems and devices (alarm, parking, audio, video, towing), carrying out maintenance or repairs at service stations not included in the list provided by the official representative of the manufacturer.

The dealership period of 30-50 days does not apply to vehicles purchased at auctions in the USA and Asian countries.

It is valid only in the country where the auction is held. Persons purchasing a damaged or painted car, or a car after major repairs are also deprived of the opportunity for free repairs or exchange.

If you are confused by the price of the vehicle or have doubts about the reputation of the car dealership, before making a purchase, it is recommended to check information about it on the Internet and, if possible, have the car diagnosed at an independent service station. This will help you avoid scammers with fake certificates and documents.

How is the warranty repair period agreed upon?

Let's consider several options for how you can be offered to agree on the duration of the repair.

The period is not specified or a period not exceeding 45 days is specified.

Such cases are rare, but they do occur.

As we said above, if the duration of the repair is not indicated at all, then you are obliged to do everything immediately. If the duration is specified, then repairs should not take longer.

What to do: You don’t have to do anything.

The work order immediately indicates a repair period of 45 days.

Very often, the dealer (car service station), taking advantage of the consumer’s ignorance, indicates 45 days in small print on the order.

At the same time, a shorter repair duration may be verbally stated, and 45 days is simply the maximum. Thus, the dealer insures himself against liability.

What to do: study all the documents that you are given to sign. If you see 45 days in them, you can safely cross them out and write that the repairs are carried out in accordance with Article 20 of the Consumer Protection Law - immediately.

It is possible that the dealer station employees will not allow changes to be made to the work order.

What to do: write a free-form application to eliminate the defects and hand it to the dealer against signature, and send a duplicate by mail: a valuable letter with a list of the contents and a receipt.

In your application, indicate that the vehicle's defects must be corrected immediately. It is better to indicate a specific number of days. According to our practice, no more than 5 are needed for repairs of any complexity.

A sample request for elimination of vehicle defects under warranty can be found

The work order specifies a period of more than 45 days.

A common violation of consumer rights is the establishment of a warranty repair period exceeding 45 days. You should not be afraid of this, since such an agreement has no legal force.

It may also say "45 working days". This is also a violation and has no force, since the law sets a period in calendar days.

What to do: if you notice illegal conditions in time, then use the tips given above. If the documents have already been signed, then you need to follow the general rule - the repair period cannot exceed 45 days.

The warranty repair period is specified in the purchase and sale agreement.

The seller often sets the warranty repair period at 45 days directly in the purchase and sale agreement.

This condition may be legally binding, but only if the car is repaired under warranty by the seller.

According to lawyers from the Consumer Rights Protection Society, it is illegal for the seller to establish a warranty repair period in the purchase and sale agreement. Within the meaning of the law, the time to eliminate the defects of the car is agreed upon by the consumer and the dealer in relation to each specific defect and only after it is discovered, and not at the time of concluding the purchase and sale agreement.

What is included in the guarantee

Many car owners, when purchasing a new car for the first time, firmly believe that the warranty covers everything. Perhaps they are inspired by foreign films, when a car can literally break down and the main character, casually lifting his bag, says: “Everything will be covered by the guarantee.” In reality, the warranty package should cover certain parts of the car. And the new owner needs to find out a specific list.

The client has the right:

carry out free warranty repairs;
free elimination of identified deficiencies;
reimbursement of expenses if the client had to repair the car himself;
a reduction in the stated purchase price or additional services (dealers may offer winter tires or other gifts).

The terms of warranty repairs are always discussed individually, depending on what kind of problem is detected. However, the official period of work cannot be longer than 45 days, according to the Labor Code.

Warranties always cover only certain vehicle parts and systems. As a rule, this is the body and other main parts of the car. The warranty also covers brake system elements, shock absorbers, battery replacement/repair, seals, gaskets and clutch systems, including suspension stabilizers. However, here the warranty period will be limited.

What exactly is included in the car warranty, what spare parts:

engine;
body;
shock absorption system;
battery;
seals;
gaskets, clutch;
suspension stabilizers;
Transmission.

Of course, before carrying out repairs, the dealer will conduct a thorough diagnosis to determine the original cause of the existing problem. Many manufacturers warn car owners to use their vehicles carefully and correctly. If the breakdown occurred due to the owner’s violation of safe operating procedures, then he will have to pay for the repairs himself.

What is definitely not included in the warranty repair:

drive belts;
filters;
light bulbs;
candles;
fluids that need to be replaced and topped up on time;
brake pads;
circuit breakers.

Dealers classify them as regular consumables. And they do not include any of the above in the warranty. After all, changing the oil and screwing in a lamp is elementary.

Important: no dealer will agree to carry out major repairs of a damaged car. If the customer actually received a defective car, he has the right to demand a full exchange until the first 14 days have expired from the date of purchase. What is important is 14 calendar days, not working days.

Body. It can be repaired free of charge if through-corrosion is detected (when the iron is so rotten that it is easy to pierce it with a finger). If only pockets of rust are noticeable, then the buyer will have to carry out the repairs himself. Therefore, it is definitely worth clarifying whether the contract includes “through corrosion” or regular corrosion.

Paintwork. Does it apply to the warranty? Yes, as long as the problem is mechanical. For example, chips or scratches will be accepted, with the exception of paint fading. If it suddenly peels off under the sun, then the owner will have to paint the car himself.

Windshield - replacement and installation of such a part is included in the standard warranty repair package. The nature of the fault is important here. Therefore, the dealer will conduct a mandatory inspection (diagnosis) before making a decision.

The alarm, sound insulation and computer system of the car are considered complex devices. Their service, as a rule, is not included in the policy. The only thing is that each system in the car has its own time (expiration date). In the event of a breakdown, the dealer can reprogram the system, but the cost of the work is then paid by the client. This is why it is so important to discuss all issues related to the warranty in advance before you issue it.

How is the warranty period calculated?

The subject of litigation is often the determination of the day from which the period of warranty repairs should be calculated.

One of the most common cases: a consumer makes a request to eliminate a defect under warranty, and the dealer offers to make an appointment for repairs in a couple of weeks or a month. He can motivate this, for example, by the lack of spare parts necessary for repairs or by a queue.

When does warranty repair begin in this case: from the moment the claim is made or from the moment the car is handed over?

Dealers in court take the position that the deadline was not violated, since the repairs were not even started and the consumer did not provide the car.

However, regardless of these or any other circumstances for which warranty repairs were actually started later, the period is calculated from the moment the consumer contacts us.

Article 20 of the consumer law directly states that the contractor’s lack of spare parts, components, materials and equipment is not grounds for increasing the duration of warranty repairs.

Important! The law does not set a deadline for performing technical repairs, but for satisfying the consumer’s request for free elimination of defects.

This may include quality control, and an examination in the event of a dispute about the causes of the deficiency, and the supply of spare parts necessary for repairs and the release of a specialist from sick leave.

At the same time, the absence of a car from the dealer is not a basis for releasing him from liability.

This conclusion is confirmed by our judicial practice in disputes over warranty repairs of a car.

“.. The defendant’s reference to the fact that the troubleshooting was not carried out due to the fact that the plaintiff did not provide the car to the service center cannot be taken into account, since R-Motors LLC offered to replace the HMI module after the point established 1 of Article 20 of the Law of the Russian Federation “On the Protection of Consumer Rights” has a 45-day period for eliminating deficiencies. Previously, the plaintiff was not asked to present the car to a service center for repairs.”
From the Determination of the St. Petersburg City Court No. 33-16586 dated September 12, 2016

In what cases will repairs be refused?

There are situations when, regardless of the reason for applying for repairs under warranty, the seller will refuse to accept the car. These include cases where the breakdown occurred due to:

skipping scheduled technical inspections and non-compliance with the manufacturer’s instructions regarding vehicle maintenance;
non-compliance with operational standards;
installation of equipment and spare parts from third-party uncertified manufacturers;
traffic accident;
actions of third parties that led to damage to the vehicle;
operating the machine during training sessions or sports competitions;
using low-quality or unsuitable fuel.

The above list is relevant for all auto centers, regardless of the vehicle model and manufacturer. To obtain a complete list of grounds for refusal to service a machine under warranty, you must send a corresponding request to the dealer or an official service center.

ADVICE! To reduce the likelihood of a possible failure, if a malfunction is detected, you should not try to fix it on your own or through the services of workshops, as this may serve as grounds for a refusal with the wording “the breakdown occurred due to third-party intervention.”

If you do not undergo maintenance at the dealer

An important condition for providing a warranty is that maintenance is carried out at a dealer, at official stations using original spare parts.

Data on vehicle visits and repairs to the service center are entered into a centralized diagnostic system.

It is unacceptable to miss the maintenance deadlines established by production. As a rule, the car is inspected once a year or every 10,000 - 20,000 km (depending on the make and model). By violating the inspection schedule, the customer may be denied warranty service.

Violation of the warranty period for car repairs

The warranty repair period is considered violated upon expiration of:

the minimum period objectively necessary for repairs;
period agreed upon by the dealer and the car owner in writing, but not more than 45 days

If the repair duration is longer, the following consequences occur:

You can demand a penalty from the dealer in the amount of 1% of the price of the car for each day of delay. With a car price of 1.5 million rubles. it will be 15,000 rubles. in a day
You can request a replacement car or a refund for it
You can claim compensation for moral damages
The dealer must reimburse you for all damages, including rental car and attorney fees.
If the case goes to court, a fine will also be collected from the dealer: the court will add another 50% to all amounts of money collected from you. When collecting money for a car worth 1.5 million rubles. you will be awarded an additional 750,000 rubles.

Many lawyers would now argue with us and say that it is impossible to return the money for the car under such conditions. But judicial practice confirms our position:

“Violation by the seller of the deadlines for eliminating the defects of a technically complex product specified in Article 20 of the Law of the Russian Federation “On the Protection of Consumer Rights” is an independent basis for the consumer to present demands for refusal to fulfill the sales contract and for the return of the amount of money paid for the product. The presentation of such demands by law is not due to the materiality of the defects, or the impossibility of using the goods for their intended purpose, or the establishment of the seller’s guilt for the reasons for violating the deadlines for eliminating the defects of the goods.”
From the Determination of the St. Petersburg City Court No. 33-16586 dated September 12, 2016

From the above judicial act the following follows:

If the warranty repair period is violated, this is enough to demand a replacement of the car or a refund for it.
The significance of the defect, the impossibility of use, the fault of the seller do not matter here

Refund is your right. You can always wait until the repair is completed and demand payment of a penalty for the period of delay allowed by the dealer.

Important! When making any demands, pay attention to who you can make them to. This may be a seller, importer, authorized organization and others. The full list of restrictions is contained in Article 18 of the Law on the Protection of Consumer Rights.

When submitting claims to an organization authorized by the manufacturer, you must check whether the person accepting your claim (demand) has the necessary authority. Such powers are contained in the so-called dealer agreement. This is an agreement between the manufacturer and a legal entity in the Russian Federation that carries out maintenance and repair of vehicles, as well as accepting claims.

The main mistakes of buyers

First of all, citizens buying a car are advised to carefully re-read the contract. It necessarily indicates all the nuances associated with maintenance under the car repair warranty.

This applies to both timing and replacement parts, as well as the causes of breakdowns. The mistake most consumers make is ignoring the contents of the contract, which specifies what the car warranty covers.

This is especially important given the different warranty periods determined for individual elements of the car. You should also pay attention to the nature of the breakdown. An example is body repair. Many contracts provide free maintenance only in the event of perforation corrosion, which buyers often do not pay attention to.

Another typical mistake is requesting technical service or installation of additional, non-original parts to a service center that is not among those authorized by the dealer or manufacturer. In this case, the official service, after detecting third-party interference, may refuse to provide the citizen with free service.

It is also important to read the operating instructions for the vehicle and use it exclusively for its intended purpose. Otherwise, the manufacturer may withdraw from its obligation to restore the equipment free of charge, which will lead to serious problems.

Warranty and non-warranty situations

Failures that are repaired by the manufacturer at its own expense are described in detail in the agreement between the parties. However, these do not include faults arising due to the fault of the owner. The reasons for their occurrence are as follows:

violation of operating conditions;
using the vehicle for other purposes (for example, transporting hazardous substances in leaking containers);
violation of production seals;
use of low-quality consumables (oil, fuel).

Attention: if specialists refuse to accept a car under warranty, you can involve an independent expert in identifying the cause of the malfunction.

Returning a faulty machine

If the new owner discovers a fault in the vehicle within 15 days from the date of purchase, his legal right is to replace the car under warranty. The salon cannot refuse to satisfy this request.

What should I do if the problem was discovered later? In this situation, the following factors are recognized as grounds for a return:

the significant nature of the breakdown, recognized by the car dealership;
the store’s refusal to carry out free repairs;
the need for constant car repairs, which takes more than 30 days over 12 months.

To return a car in a faulty condition, you need to prepare a written claim indicating the name and address of the salon, owner details, make and registration number of the car, a description of the defect and a clear and unambiguous statement of requirements. The document is handed over to the seller's management during a personal visit or sent by registered mail.

This is also important to know:
How to make a refund for services not provided

If the salon refuses to satisfy the buyer’s claims on an illegal basis, he has the right to demand a refund in court. Practice shows that most often this is not necessary: sellers value their reputation and meet their clients’ needs.

The seller refuses to repair the car for free: what to do

If the service center refuses to carry out repairs, you need to write a complaint addressed to its manager. In case of further refusal, you can send it to the dealer, and then to the manufacturer.

However, in the latter case, there is a high probability that the manufacturer’s lawyers will not allow the matter to proceed, but will refer the buyer back to the seller.

In this case, the best way out would be to warn the latter about contacting the media and disseminating information about unfair maintenance on the Internet. Since many sellers value their reputation, quite often it is enough to simply inform the dealer about such an opportunity.

If this does not help, you need to file an official complaint and then send it to the seller.

If the latter did not respond or officially refused to carry out repairs, you can go to court. To do this, you should file a claim, as well as collect a documentary base indicating that the service center was supposed to provide service to the vehicle owner free of charge, and had no right to refuse to do so. This is a complex process, so it is recommended to enlist the help of an experienced lawyer who will know what to do.

Sample claim and required documents

Sample application for warranty repair of a car:

Along with the application-claim, the owner of the vehicle should provide the following documentation:

purchase and sale agreement;
technical documents on the car;
check, payment receipt, payment order or other paper confirming the fact of payment for the purchase.

If this is not the first application for warranty service, then along with it the claim must also be accompanied by documents confirming this fact: a machine acceptance certificate, an examination report, a report on the service performed, etc.

Additional questions

Is there a warranty for used cars?

As for used cars, repair guarantees are not provided by dealerships. A car dealership is an intermediary between the future car owner and the current owner of a used car.

This is also important to know:
Is it possible to legally return theater tickets?

Car dealerships may provide a warranty for such vehicles, but these services are not provided for by law.

Is the car warranty still valid if you do not undergo maintenance?

There are two grounds for removing a car from warranty regarding a maintenance issue:

violation of maintenance deadlines;
undergoing maintenance at another service center.

Car manufacturers set the conditions under which servicing is required.

The numbers most often appear there are: every 15,000 km or once a year. A certain error of about 300 km or 2 weeks is allowed. It all depends on what comes first - reaching the mileage or the annual period.

If the maintenance deadlines are missed, the following happens: if a malfunction appears after 15,000 km or a month after the expiration of 1 year from purchase, the auto center refuses to repair.

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This is argued by the fact that you violated the rules and the malfunction occurred due to an uncompleted maintenance, which could have revealed defects.

If you undergo maintenance at an unofficial service center, controversial issues arise. It is necessary to study in detail the terms of the manufacturer's warranty.

Practice shows that courts often side with the buyer if it comes to a lawsuit. It is important that unofficial workshops do not damage parts or make design changes.

Then the car owner can count on warranty repairs in the future. Regardless of the location of the maintenance, deadlines must be observed.

What to do if your car is involved in an accident

After road accidents, official dealers and service centers have the right to cancel the warranty period, which is specified in the terms of the warranty.
The exception is situations where the accident occurred due to defects in the car, and not due to driver negligence (even if it is the injured party).

But in this case, you need to prove this, which can hide many difficulties. Let's give examples: engine defects, jammed steering wheel, broken brakes.

The terms of the warranty provide for the following reasons for refusal of repair:

violation of operating rules;
failure to comply with maintenance deadlines specified in the contract;
any incident on the road.

If the car is under warranty and has been involved in an accident, where to repair it and what actions to take?

First, you need to get the insurance company to act and demand appropriate payments that will cover the cost of repairs to an adequate extent.

You can contact an official service center, where they will not do the work for free. But you can still try.

The main thing is to collect all the receipts where specific services of the SC are recorded. A situation is possible in which it will be possible to demand compensation through the court.

If you are sure that it will definitely not be possible to demand money from the dealership, you can play it safe and choose a workshop where the services are much cheaper.

Is it possible to change the pads at a location other than the dealer?

The situation with the pads is the same as with the oil. This procedure is not included in the list of mandatory maintenance, so it can be performed without any restrictions. But you need to remember to be careful when doing the work.

Is it possible to change the oil yourself if the car is under warranty?

Replacing fluids at unofficial service centers is possible, so do not listen to possible threats from the dealer.

But you cannot do this yourself in the garage: you must contact the service center.

And for the car dealer, you are required to keep a document confirming the replacement and a certificate for the oil used.

A certificate from the workshop itself is also required.