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Legal rights re. srvc dept unable to repair

Discussion in 'Gen 2 Prius Technical Discussion' started by Bugattiluvr, Sep 5, 2008.

  1. Bugattiluvr

    Bugattiluvr New Member

    Joined:
    Sep 5, 2008
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    Location:
    Chicago
    Vehicle:
    2005 Prius
    I have an '05 prius that has been in the shop for 2 weeks. I bought it used about 5 months ago.

    I have 2 reasons for writing, one is related to finding out if other people out there have had similar problems such as mine, and the other is to find out my legal rights.

    2 weeks ago, I was driving and the break light came on and stayed on, and I could tell that when I used the brake, the brakes weren't working properly; it was harder to stop. I took my car to a toyota dealer and they ran their tests and found that the brake actuator was bad, so they replaced that, then there was something else that had to be fixed, all computer related. After they replaced that they were unable to figure out why the computer doesn't recognize that the new parts are working. It has now been a week and they still can't figure out the problem. They have called Toyota's engineer to come look at the car. After a week, he is supposed to be there today. We'll see if they find out anything.

    I am guessing they are just inexperienced, I don't believe they have any bad intentions, but my question is, what are my legal rights regarding them keeping my car indefinitely and them not paying for a rental car. If they can't figure out the problem, can they keep it for a month? It seems like they should provide me with a vehicle, even if I didn't buy the car from them.
     
    #1 Bugattiluvr, Sep 5, 2008
  2. Patrick Wong

    Patrick Wong DIY Enthusiast

    Joined:
    Mar 8, 2008
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    Location:
    Green Valley, AZ
    Vehicle:
    2015 Prius
    Model:
    Two
    Regarding your first question about whether others have had the same problem as you, please post the specific DTC (diagnostic trouble code) that your car has logged. Also pls advise your odometer reading.

    Regarding your second question, is your car being repaired under warranty or out of warranty?

    If out of warranty, then the shop is repairing your car on a "time and materials" basis. Generally speaking, there's no specific obligation for the shop to repair your car within a particular period of time. If they are keeping you up-to-date with their progress on solving your difficult technical issue and setting expectations about when the car will be repaired, then I'm not sure what else you can reasonably expect.

    If you are unsatisfied with the results, then your recourse is to pay the shop for what they have done so far, and tow your car elsewhere for repair. There's no obligation for the shop to provide you with a free loaner.

    If the car is in warranty, then consult the terms of your warranty agreement. Even in this case, I do not believe there is any obligation to provide a free loaner vehicle.
     
    #2 Patrick Wong, Sep 5, 2008
  3. Celtic Blue

    Celtic Blue New Member

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    Aug 4, 2008
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    Location:
    Midwest
    Vehicle:
    2008 Prius
    If they can't fix it have all the old parts put back in, refuse to pay for any materials or labor for things they have done that did not address the problem. Putting in unneeded parts just won't fly. You are paying for their expertise, if they fail to deliver that is their problem, not yours. I expect the factory rep will get to the bottom of it and anything you didn't need done will not be charged. It does sound like the dealer is trying so give them the opportunity to make it right.

    I went through this sort of trouble many years ago with a Chrysler dealer. After a week of unsuccessful part swapping I had them reinstall all of the old parts (which I had made sure they kept after each swap and were on the rear floorboard.) They still soaked me for some other conditional repair which I wouldn't have had done if the other was not supposedly "fixed." (I learned there to keep maintenance issues separate as they don't understand "IF-THEN" statements.) Later I had the Chrysler properly prepared by a Chevy dealer who diagnosed it immediately and charged a fraction of the cost.
     
    #3 Celtic Blue, Sep 5, 2008
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