Replacement vehicle during warranty repairs

Legislative norms

According to the requirements of the Law “On the Protection of Consumer Rights”, if a car is subject to warranty repairs for more than forty-five days, the dealer must provide a replacement car free of charge to the client for the necessary time until the repaired equipment is returned. This means that the manufacturer, so that the car owner does not suffer from the breakdown of his car, must voluntarily compensate for the inconvenience in return for this car - he is obliged to provide a replacement car with similar characteristics to the one being repaired. But there is an important clarification in the legislation.

This condition applies to any durable equipment other than those included in the relevant list approved by government decree. It also includes motor transport, so manufacturers are not obliged to provide such a service.

But many manufacturers, in order to attract customers, provide a replacement. This condition is mandatory if the client is classified as a disabled person for whom such a means of transportation is vital or if the repair continues beyond the established forty-five days.

In law

All relations between buyers and sellers in our country are regulated by law. The Law “On the Protection of Consumer Rights” states: “In relation to durable goods, the manufacturer, seller or authorized organization or authorized individual entrepreneur is obliged, upon presentation by the consumer of the specified requirement, within three days, to provide the consumer free of charge for the period of repair with a durable product that has the same basic consumer benefits. properties, providing delivery at your own expense"

In what cases is a car dealership obliged to provide a replacement car?

The auto center's obligation to provide a replacement vehicle during warranty repairs of another vehicle can only arise on the basis of a valid purchase document. In this case, the contract must contain a clause regarding this mandatory service of the car dealership. This is the first legal way to get a replacement car.

This is also important to know:
How to write a response to a claim and within what time frame

Another reason for the client’s demands to give him a replacement car (second method) may be exceeding the warranty repair period, namely 45 days. In this case, the car owner can demand the return of the repaired vehicle or obtain a replacement model of similar quality. As a rule, car dealers try not to exceed the maximum repair period, as this is fraught with the payment of a large penalty to the car owner and other unplanned expenses.

In what cases is it possible

Casco
When sending a car for repairs after an accident, car owners are faced with problems such as the absence for a long time of the service specified in the contract with the insurer or refusal to carry out repairs.

Based on amendments to the legislation on the provision of insurance payments to car owners.

The CASCO program is characterized by the following conditions:

Compensation is provided only in cases of the occurrence of an event specified in the insurance policy. Thus, if a car is damaged during theft, compensation in the form of repairs will not be provided if such a risk is not included in the contract with the insurer.
Compensation is provided regardless of whether the vehicle owner is found to be at fault due to either certain natural disasters or fire. The insurer, in turn, has the right to apply for recourse after providing payment to the culprit of the incident for the return of the amounts paid. Intention or negligence is confirmed by a decision to initiate an administrative or criminal case.
If the car was purchased from an authorized dealer and the warranty period has not expired, then the car is usually sent to him for repairs. However, in practice, this turns out to be unprofitable for insurance companies that offer service stations with which they have service contracts. This point should be taken into account when concluding an insurance contract; it should stipulate the need for referral to an official dealer in the event of an insured event occurring within the warranty period.

Conditions for obtaining a “replacement car”

In addition to the fact that car dealerships try to provide customers with a replacement car on a paid basis, they also put forward a number of requirements to receive it:

The car in question must be under warranty.
Car repair work must be carried out exactly in the dealership where the car was purchased.
The vehicle must be recognized as suitable for safe driving, otherwise there may be a danger to movable property and the driver.

Features of the procedure

Many car owners are interested in how to get a replacement car and what documentation is required for this. In such a situation, the car owner needs to:

study in detail the provisions of the legislation devoted to the protection of his rights;
transfer the car for warranty repairs to the service center where the car was purchased or to the insurer’s workshop;
prepare a document confirming that the malfunction poses a safety hazard;
check with the service center the duration of repair work if it obviously exceeds a forty-five-day period;
complete the documentation package. It is necessary to prepare papers for the car, the owner’s personal passport, contract, etc.;
apply to the company where you bought the car with a request to provide a replacement.

Certain circumstances taken into account by the salon management include:

classifying the buyer as a regular customer of the company;
purchase of a VIP-class car;
the duration of repairs under warranty obviously exceeds the above-mentioned periods;
such a service is provided for in the purchase and sale agreement;
the issuance of replacement vehicles is guaranteed by the insurer.

Considering the voluntary nature of providing a replacement, the car owner is recommended to clarify these points in advance, when concluding a contract before purchasing a car.

The replacement car does not have to be similar to the one purchased. It is possible to provide a car of a different brand and inferior in class. But these points must also be reflected in the contract.

This is also important to know:
Return of jewelry: what jewelry can be returned

In the domestic car market, similar conditions for purchasing cars are offered by large manufacturers that have the ability to satisfy customer requests. The car provided usually turns out to be far from new and not quite of the same class as the one purchased, but in a situation where the owner is left without transport for a while, there is no point in going overboard.

Exceeding the repair time at the service center

The consumer protection law states that the maximum allowable repair period is 45 days, and after this period the car has not been repaired, the car dealership is obliged to provide a replacement. But in practice this is extremely rare due to the lack of the necessary car. If the car can be used, it is usually returned to the owner until replacement parts arrive. This allows you to significantly reduce the period of repair work and not provide the client with a replacement vehicle.

Free legal consultation We will answer your question in 5 minutes!

Ask a Question

Free legal consultation

We will answer your question in 5 minutes!

Ask a Question

It is important to remember that exceeding the repair deadline may result in the payment of a penalty, which is 1% of the repair cost for each day of delay. However, to protect your legal rights and interests, it is important to know how to correctly fill out the necessary documents, where to send applications or demands, etc. It is also possible to receive a replacement car during the repair period under CASCO; all costs in this case fall on the shoulders of the insurance company.

Package of documents

The procedure for obtaining a replacement and handing over the car under warranty for repairs are two sides of the same coin. You cannot get a car without returning the vehicle that was purchased at a car dealership but broke down. Therefore, the package of documents required to conduct a complex event should consist of:

Documents for a car submitted for repair:

car purchase and sale agreement;
a valid warranty card;
car service book.

Documents confirming the identity of the buyer:

general passport;
notarized power of attorney, if a third party acts in the interests of the buyer.

A replacement car is transferred to the citizen for the duration of warranty repairs on the basis of a separate agreement between the car center-seller and the client-buyer. It must contain essential conditions: period of use, terms of warranty for maintenance, return procedure, rights and obligations of the parties. In addition, the car must have insurance.

Replacement car for the duration of repairs under CASCO or OSAGO

Many motorists are interested in the questions: “How to get a replacement car during repairs under CASCO? And is there a replacement car available for the duration of the repair under MTPL?”

This is also important to know:
If a hidden defect in the product is discovered: the deadline and procedure for filing a claim

According to the law on compulsory motor third party liability insurance for drivers (OSAGO), the provision of replacement vehicles during the repair of the damaged car is not provided.

With regard to voluntary comprehensive automobile insurance (CASCO), the issue of obtaining replacement vehicles is resolved exclusively within the framework of the current CASCO agreement. As a rule, this item is included only in premium class insurance.

The procedure for obtaining a replacement car while yours is being repaired under the current warranty

What does the laws of the Russian Federation say about the provision of substitute goods?

In accordance with the Law “On the Protection of Consumer Rights”, the manufacturer, seller or authorized organization is obliged to provide the customer with a replacement product similar to that which is under warranty repair.

The replacement product must have the same consumer properties as the product being repaired. The seller or manufacturer must release this product within three days after the customer makes such a request. The contractor is also responsible for delivery.

Based on the above information, it turns out that the dealer must offer the client to use this service. But here there is one “but”!

The Decree of the Government of the Russian Federation approved a list of goods to which this rule does not apply. Among this list there is a car.

It turns out that by not providing the client with a replacement car, the dealer is not violating the law. Despite this fact, some dealers still provide their clients with such a service on a voluntary basis.

Is it necessary to provide a replacement car or not?

Each dealer decides independently whether a replacement car will be issued. Sometimes they provide such services to their regular and reliable clients.

Often the decision is influenced by the cost of the car. Usually, if a car is expensive, dealers try to please the buyer and provide him with such a service?

Note! In some contracts that are drawn up when purchasing a car, sellers indicate the possibility of providing such a service.

Most foreign manufacturers have an extensive practice of providing replacement cars. For example, in the world famous Ford company, this service is mandatory. Although there is a small nuance, the class of the replacement car may be slightly lower than the one that is under warranty repair.

Getting a replacement car is a procedure that consists of several stages:

Before submitting an application for a replacement car, read the main articles of the Law “On the Protection of Consumer Rights”, which deal with the rules for warranty repairs and the calculation of penalties;
Give your car for repairs to the car dealership where you purchased the vehicle, or to the service center of a company that sells cars;
Request that you receive a certificate stating that there are faults in the car that prevent you from using the product for its intended purpose. Moreover, if there are certain risks;
Understand the repair deadlines and make sure that warranty repairs last longer than required by law;
Collect the necessary documents (passport, purchase and sale agreement concluded with the seller, etc.);
Complete an application and send it to the company where you purchased your car.

There are certain features of warranty repairs that can help you obtain a replacement car.

What is the legal warranty for a car?

How to file a claim for car warranty repairs, read here.

What product warranty period is established by the Civil Code of the Russian Federation, read the link:

We are talking about some significant circumstances:

the buyer who submitted a request for a replacement car to be transferred to him for temporary use is a regular customer of the dealership company;

the applicant for this service owns a premium car;

the contractor knows that the client’s car will be repaired longer than the legally established period;

the purchase and sale agreement contains a clause on the issuance of a replacement vehicle in the event of lengthy warranty repairs;

The provision of this service is guaranteed by the insurance company.

It is worth noting that issuing a replacement car is not a mandatory service. Therefore, it is worth discussing this issue with the dealer before you purchase your car from this company.

How are such issues resolved abroad?

Abroad, the issue of providing replacement cars is approached differently. So, for example, in the USA, large car dealerships have entire fleets of replacement vehicles. Most often, clients receive such cars free of charge for the entire time their vehicle is under warranty repair.

However, in the United States no one can guarantee that the vehicle issued for temporary use will be of the same class as the one being repaired.

However, due to strong competition, dealers have to improve the quality of their services. So, for example, if previously the owner of an SUV could be given a shabby station wagon, now car dealerships are trying to provide replacement cars of a higher level.

This is especially true for premium cars, for which dealers, whenever possible, provide similar cars for the entire repair period. If the dealership offers such a client a beat-up old car, it risks losing a valuable client.

What to do in case of refusal

Since the current legislation of our legal state does not provide for the mandatory receipt of a replacement car, the client of the car dealership does not have any levers to control this situation. And even an appeal to Rospotrebnadzor and the judicial authority cannot force the car dealership to give the car to the client while the broken vehicle is being repaired. Rospotrebnadzor can influence a car dealership only if the maximum repair period is violated, namely, it can impose a requirement for a penalty (in the amount of 1% of the cost of the car per day).

However, car dealers try to avoid such situations. In practice, this may look like this: the car is repaired within 40-44 days and returned to the client. Significant deficiencies can be identified after a few days, and the car is taken back for a new 45-day repair period (under the pretext of identifying the source of the malfunction).

The court, in turn, can rule in favor of the client on the issue of compensation for damage, including material damage, payment of a penalty and impose other penalties. But the court cannot force a car dealership to provide a replacement car to a client if this service was not included in the main vehicle purchase and sale agreement.

Making a claim

To force the dealer to reimburse the costs incurred, care should be taken to draw up a special written document. It contains the following information:

name of the company that sold the car;
Date of purchase;
cause of failure;
date of sending the vehicle to the service center;
the day of contacting the salon with a request to issue a replacement car;
reason for the car dealer's refusal.

This is also important to know:
What are the repair deadlines under CASCO?

All payment documents for the car, the purchase agreement, and the service book are attached to the application.

Fact

Where to send the document

One copy of the claim is sent to the salon. The employee receiving the document puts a mark on the copy remaining with the client indicating receipt of the papers.

After that, you just have to wait a little. Sellers prefer to satisfy the client's request, especially if they do not want to pay a penalty.

Chances of a positive outcome for us

If there is no response from the salon, the consumer can appeal to Rospotrebnadzor and the court. However, if there is no clause on the temporary provision of a car in the contract and the dealer has not violated the warranty repair period, then the chances of a positive outcome are slim.

To give or not to give

The issue of free provision of a replacement vehicle for the period of warranty repairs at each dealer is decided individually. Some provide cars only to regular customers. Somewhere it all depends on the class and cost of the purchased car: the more expensive it is, the higher the chance of getting a replacement. After all, luxury cars are usually bought by VIP clients, whom they value very much. For some dealers, this point is recorded in the purchase and sale agreement, which states whether a replacement car is provided for the duration of the repair or not.

However, there is one nuance that not everyone knows about. There is a maximum period for a vehicle to be repaired under warranty - 45 days. If it is exceeded by the service, the client has the right to demand either the return of his own repaired car or the provision of an alternative. If the car has not been repaired, but is “driving”, that is, it can be used safely (for example, the air conditioning or heated seats are broken), the dealer will most likely return the car to the owner instead of providing a replacement car.

Some dealers specify the issue of providing or not providing a replacement vehicle in the purchase and sale agreement

What if the car is faulty? As practice shows, in order to resolve possible conflicts, the dealer will most likely prefer to provide a replacement car to the client. This is better than paying a penalty to the owner of the car (1% of the cost of the car for each day of delay) or receiving a difficult but still legal requirement to replace the car being repaired with an exactly the same new one. So, theoretically, not only owners of expensive foreign cars can get a replacement car for free.

In any case, the question of providing a free replacement car during repairs can and should be raised. Moreover, many dealers provide such a service to their clients. Thus, Ford considers its provision mandatory for its official dealers. True, the class of the replacement vehicle may be inferior to the class of the one being repaired.

Some Jaguar dealers in Russia provide the client with a replacement car of the same class free of charge during long-term repairs, and a number of Mercedes-Benz dealers include a replacement car in the list of services provided. In Skoda, this issue is resolved by a warranty engineer at an official dealership after directly inspecting the car.

By the way, the dealer’s good will also extends to the choice of brand of replacement car. You may be issued a car of the same brand, or maybe a less prestigious and expensive one. There are precedents. For example, in Moscow, after delaying repairs for a month, the owner of a Hummer was given a free Chevrolet Epica sedan, which was used for customer test drives in the showroom - and the owner of the SUV had to wrest it from the dealer with a scandal!

Additional questions

What are the advantages of a replacement car?

Above, we looked at the basic conditions for obtaining a replacement car during repairs under CASCO or under warranty, as well as how to achieve success under certain circumstances. The undoubted advantages of such a service are that the owner of a recently purchased vehicle will not be left without a means of transportation for a longer period of time. Accordingly, dealerships have the opportunity to provide their customers with more attractive and favorable conditions.

It is important to document the fact of transfer of the car, indicating all the details, since all responsibility for its operation and for maintaining its integrity after the transfer will fall on you.

Which salons and companies offer replacement

In companies such as Jaguar, Mercedes-Benz and BMW, the service of providing a replacement car is provided for in the purchase and sale agreement. KIA employees, not only in the contract, but also on the official website, offer customers the service of a replacement car if the need for repairs arises. Brands not only take care of their customers, but also increase the loyalty of their consumer audience, and significantly improve their reputation in the market by providing such guarantees.

Free legal consultation

We will answer your question in 5 minutes!

Free legal consultation We will answer your question in 5 minutes!

Call: 8 800 511-39-66

Ask a Question

The management of the Skoda company cheated a little by pledging to provide the buyer with a replacement car only after a comprehensive examination of the car to be repaired. If the vehicle is not running, there should be no problems with obtaining a replacement car for the time specified in the contract.

This is also important to know:
Return of furniture under the consumer protection law: in what cases can furniture be returned or exchanged

Larger brands are ready not only to provide guarantees, but also to pay a penalty - 1% per day of the cost of the car. Elite manufacturers such as Rolls-Royce, Porsche, Bugatti, Lamborghini, etc. are distinguished by such impressive responsibility.

The provision of a replacement car by the insurance company while the car is being repaired under comprehensive insurance depends directly on the terms of the program and is usually included in premium insurance packages. In other cases, the decision to provide or not provide temporary vehicle is regulated solely by the terms of the comprehensive insurance contract.

Exceeding the period of stay of the car at the service center

The legislation of the Russian Federation provides for a requirement for maximum vehicle repairs at a service center. At the moment, the maximum period for repair work is 45 days.

If during this period the service center does not complete the repair of the vehicle, the client has the right to demand that the management of the car dealership provide a replacement vehicle until the repair of the car is completed.

In practice, such cases are very rare, since service workers are well aware of this legal requirement and try to complete the repair before the expiration of the allotted period. If the time limit for car repairs is exceeded, all costs for renting a car provided for temporary use are borne by the service.

Large car dealerships, which sell mainly well-known brands, in order not to lose their customers and not get a bad reputation, pay car buyers a 1 percent penalty for each day of delay in vehicle repairs.

In what cases is a replacement car provided?

Large car repair shops and insurance companies often voluntarily offer a replacement car while the damaged vehicle is under warranty repair or is being repaired under the CASCO program. In some cases, such conditions are stipulated in the vehicle purchase and sale agreement or in the CASCO insurance agreement, and then the owner will be able to legally demand a replacement.

However, it is worth noting that for minor repairs, the car replacement service often turns out to be irrational due to the large number of bureaucratic procedures. But if the vehicle is in the service center for more than 45 days, requiring replacement before the breakdown is repaired is quite reasonable, since the absence of the vehicle can negatively affect the mobility of its owner.