If your vehicle has been damaged and you've had your car repaired, you are entitled to have your vehicle fixed to an appropriate standard under the Australian Consumer Law (ACL).
If for some reason the repairer who has fixed your vehicle has not done so with due care and skill, or if your vehicle is not returned to you in acceptable quality, you have options under the ACL which allow you to make a claim to rectify this.
Sadly, there are some motor vehicle repairers who do not operate as skillfully as they are required to by law, cutting corners and performing sub-standard work. Don't live with this level of poor performance from a vehicle repairer, take action today.
At AANDI Lawyers we are here to help you seek a remedy from a repairer who has not done their duty by you and fixed your car to an appropriate standard.
We can assist with everything, from assessing your rights through to commencing action against a repairer on your behalf. Contact us now on [phone] for a free discussion about fixing your defective repairs.
What is the Australian Consumer Law?
The ACL is uniform Commonwealth legislation which covers all manner of commercial transactions between private buyers and Australian businesses. You are a consumer under the ACL provided that your transaction (purchase) is less than $40,000 and if the item or service you purchased is a kind ordinarily acquired for domestic, personal, or household use. Within the ACL there are a number of consumer guarantees which are used to provide legal remedies for services and goods provided for sale.
- That goods will be of acceptable quality (s54(1))
- That goods will be fit for purpose disclosed to the merchant (s55)
- That services will be rendered with due care and skill (s60)
- The services will be fit for a particular purpose made known to the supplier/achieve a result made known prior (ss 61(1), 61(2))
- That services will be completed in a reasonable time (s62)
If your vehicle repairs are not of acceptable quality, or are not completed by someone using due care and skill you have options under the ACL to remedy this.
What options are available to me for faulty motor vehicle repairs under the ACL?
If your vehicle has been repaired and there is something significantly wrong with your car, such as a panel that has not been fixed properly, you have options to reject this or to cancel the contract without payment to the repairer. Your options will depend on whether the failure on behalf of the repairer was major or not.
Major failure for vehicle repairs include:
- Repairs that are so bad that a reasonable person would not have accepted them
- If your repairs depart in a significant way from what was promised to you
- If your car is substantially unfit (that is, unsafe or in some way unable) to be operated, and cannot be fixed in a reasonable time
If there is a major failure you may either reject the repairs and refuse to pay or keep the repairs as they are but seek compensation to make up the difference in the value caused by their failure to repair your car properly.
If the failure does not come under major failure then there are different rights available to you, but the process usually begins by giving the repairer a chance to fix their mistake. If the repairer refuses to fix your car or fails to do so in a reasonable time, you are within your rights to have your car fixed elsewhere and then commence action to recover the costs from the original repairer.
How AANDI Lawyers help you with faulty repairs and seeking compensation
When you enter a contract to have someone repair your motor vehicle you have certain rights under Australian Consumer Law. If there is a major or non-major failure with the repairs you then have to begin the process of getting the repairs remedied.
- The first step in this process is usually to engage with the repairer and let them know you are not satisfied with the repairs. They will either agree to fix the repairs or they will refuse.
- If the original repairer refuses to fix their work you can get an assessor to review the repairs that have been done and get them to advise on what needs to be done to fix the defective work.
- To avoid a protracted case taking place, it's best to attempt to resolve matters with the repairer if possible. We can assist you with letters, advice, and guidance during this time.
- If the repairer refuses to budge, it is your right to commence proceedings against them which is where we can step up and take care of your matter for you.
We operate on a no win no fee model which means that we assess the likelihood of your matter succeeding in litigation. If we do not believe that you have a case we will let you know without any hesitation so we don't waste your time or money. But if we believe there is a real prospect of you seeking compensation from the repairer, we will advise you as such and begin proceedings on your behalf.
If you've been involved in a car accident and have undergone vehicle repairs that aren't up to scratch, don't just accept it, get the repairs you're entitled to.