Lesser-Known Vehicle Repair Laws
"If you don’t know where you’re going, any road will take you there." ~ Tom Magliozzi (1937-2014), who co-hosted, with his brother Ray, National Public Radio’s "Car Talk"
Tennessee law includes these lesser-known, but mandatory, vehicle repair laws.
(1) Duty to inform consumer of rights.
Tennessee Code Annotated (TCA) section 66-19-104 requires automotive repair facilities to inform consumers of certain rights before doing repairs exceeding $250.00.
Before any repair work is begun, an automotive repair facility must inform a consumer that she or he:
(A) May request a written estimate for repairs costing more than $250.00;
(B) May not be charged more than 25 percent in excess of the written estimate without the consumer's consent or good faith attempt to acquire the consent; and
(C) May not be charged for repairs not originally authorized by the consumer unless a repair facility makes a good faith attempt to acquire the customer’s consent before making additional repairs.
By law, a "good faith attempt" requires at least an attempted telephone call to the consumer.
(2) Duty of clear communication of rights.
The auto repair facility must communicate these rights in writing or orally. If written, the rights must be:
(A) Listed on the authorization of repair form under a heading titled "Consumer’s Rights;"
(B) Displayed immediately before the space for the customer’s signature, "conspicuously in easily readable type;" and
(C) Physically separated from the other terms of the authorization form.
If the customer is informed orally of these rights, then the repair facility must record in writing:
(1) The name of the person notified or whom the facility attempted to notify;
(2) The date and time of the notification or attempt; and
(3) The signature of the person who made the notification or attempted notification.
(4) Duty to report bullet holes(!)
TCA section 55-10-113 requires garages to report to the department of safety, within 24 hours, the VIN, and the owner’s name and address, for any vehicle struck by a bullet.
James B. (Jim) Hawkins is a general practice and public interest law attorney based in Gallatin. This column represents legal information, and is not intended to take the place of legal advice. All cases are different and need individual attention. Consult with a private attorney of your choice to review the facts and law specific to your case. To suggest future column topics, call (615) 452-9200.
