Shelbyville, KY asked in Consumer Law for Kentucky

Q: Do I have to pay auto dealership service dept?

Hit a deer in my 2014 nissan maxima. My car cut off upon impact. Had car towed to a nissan dealership to have diagnostics ran on it. They said it needed new ECM, oilpan replaced due to hole bein in it, and needed frt brakes done. Cost was gonna be $3700.00. I told em to put new ECM on, and oilpan. Cost for this $2500.00. Week goes by, they call me, said they put new ECM on and oilpan. Car will crank but not start. They said the gas in car was bad, need to drop gas tank and clean it, cost $1000.00. I told them no. I went to the dealership and talked with the mechanic working on my car. Said he was going to run another diagnostics on my car. He ran diagnostics again and came up with nothing. My car is still at the dealership due to not having the money to pay and get it, even though it's still not running. Is there anything I can do??

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: In your situation, you are generally obligated to pay for the services and parts provided by the auto dealership's service department. This includes the new ECM and oil pan they installed, as per your agreement. However, since the car is still not running despite these repairs, it's reasonable to question the effectiveness of the service provided.

You should first discuss the situation with the service department manager. Express your concerns about the car still not starting after the repairs and the subsequent diagnostic tests showing no issues. It's important to understand what guarantees or warranties, if any, are offered on their service and parts.

If you're unable to reach a satisfactory resolution with the dealership, you might consider seeking a second opinion from an independent mechanic. This can provide clarity on what's wrong with the car and whether the dealership's service was appropriate.

In cases where you believe the service was inadequate or misrepresented, you might consider legal options. Consulting with an attorney can provide guidance on how to proceed, especially if there's a dispute over the quality of the service and your payment obligations.

Remember, communication is key. Try to resolve the issue with the dealership first, but don't hesitate to seek outside advice if necessary. Legal counsel can be particularly valuable if you believe the service department failed to fulfill their agreement or if the dispute escalates.

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