Mechanic Fixed Car Without Permission - Is That Legal in Ontario?

Mechanic fixed car without permission. Is that legal in Ontario? No. According to the Consumer Protection Act, your mechanic must give you a written estimate with the exact description of the repairs that they are going to be doing before they can charge you anything. Learn more.

If your mechanic fixed something on your car without your permission or you feel that they have not followed the law with regards to your repair then you need to advise them of your complaint either with a letter, email or phone call. Learn more.

To learn more about your rights under the Consumer Protection Act with regards to auto repairs, click here.

If you are looking for a mechanic you can trust in the KW region, contact Hansma Automotive.

 

Mechanic fixed car without permission? All repairs should be listed on your written estimate

Mechanic Fixed Car without Permission? It's Not Legal

Before a mechanic can charge you anything, they need to give you a written estimate unless you refuse an estimate and instead agree upon a maximum amount that you are willing to pay for the repairs. The final amount that you are charged cannot exceed the maximum amount that you agree upon.

Your written estimate must include the exact description of the repairs that they are going to be doing before they can charge you anything, so they shouldn't be carrying out repairs that are not included in your written estimate.

Here is a list of the other details that need to be included in your written estimate:

  • The contact details of your repair shop, including their name and address

  • The date when the estimate was given and the date that it expires

  • The date when the work will be done

  • Your name

  • The make, model, licence number and VIN (vehicle identification number) of your vehicle

  • A list of any parts to be installed and if they are new, used, rebuilt or remanufactured parts

  • Whether or not the parts used will be made by the original equipment manufacturer

  • The price of each individual part

  • The cost for labour including a breakdown of how it is to be calculated whether it will be a flat or hourly rate or a combination of both

  • The total amount to be charged

IMPORTANT: Make sure that you never sign a blank work order. If you do then you are giving the repair shop the freedom to make any type of repair they think is necessary and to charge you for the work even if you didn't want it done.

 
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Never sign a blank work order

Mechanic Fixed Car without Permission? Here's What You Should Do

Step 1: Notify Your Repair Shop

If you feel that your mechanic has fixed your car without your permission or done anything that is against the Consumer Protection Act, you need to let them know. You can either:

  • Write a letter of complaint

  • Send them an email

  • Call them

*Note: It is always best to have a written record of your complaint so writing or emailing is probably your better options. Keep a copy of your communications for your record.

 
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It is a good idea to have a written record or your communications

 

Step 2: Notify Your Repair Shop that You Will Be Filing a Complaint with the Ministry of Government and Consumer Services

If you don't get a response from your original mechanic after your first notification, you can file a complaint with the Ministry of Government and Consumer Services. If you are taking this step, then you should first let the mechanic know by a second letter, email, or phone call before you file your complaint. This correspondence needs to include the following:

If once your repair shop has been advised of the action you are going to be taking, and they still don't do anything for you, you can proceed with filing your complaint.

 

Mechanic fixed car without permission? Advise them that you will be filing a complaint

 

Step 3: File a Complaint with the Ministry of Government and Consumer Services

If you still don't get a response from your auto repair shop, you can submit your complaint either online or by mail.

Online submissions: You need a number of supporting documents when submitting your complaint including:

  • A copy of your correspondence with your auto repair shop and any responses that they have given to you

  • Your written estimate

  • Copies of any invoices, records of payments made, or other applicable documents or emails

Click here to file your online complaint.

Paper or Email submissions: If you want to submit your complaint by mail, fax or email, you can use this PDF complaint form version. Print the form, fill it out and send it:

By mail to:
Ministry of Government and Consumer Services
Consumer Services Operations Division, PO Box 450
Toronto, ON M7A 2J6

By email to:
consumer@ontario.ca

By fax to:
416-326-8665

 
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You can mail your complaint

Your Rights Under the Consumer Protection Act

Here are some more of your rights under the Consumer Protection Act that pertains to auto repair shops.

You need to be informed ahead of time if the repair shop is going to charge you for an estimate.

A repair shop can only charge you for an estimate if they tell you ahead of time and they tell you how much the estimate will cost. The cost of an estimate can include:

  • The cost to diagnose the problem

  • The cost to reassemble your vehicle after the examination

  • The cost of any parts that could get damaged during the diagnosis and reassembling of your vehicle

If you give them permission to repair your vehicle before it is reassembled, they can't charge you a fee for the estimate. If, however you take too long to give them permission and they reassemble your vehicle, then they are allowed to charge you a fee for the estimate.

 
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Your mechanic needs to tell you ahead of time if you need to pay for an estimate

 

If you request it, all parts removed need to be returned to you.

Any repair shop must return all the parts that were removed from your vehicle during the repair if you ask them to. The parts need to be returned to you in a clean container. This is actually a good idea as you can verify that they were removed and see any damage or wear on the parts to find out if it was necessary to remove them.

If, however, the parts were under warranty and they needed to be returned to the manufacturer or if they were parts that you were never charged for, then they do not need to be returned to you according to the motor vehicle repair act.

 
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If you ask for them, your mechanic needs to return all replaced parts to you

 

Your final invoice needs to include pertinent information

The final invoice that you receive needs to include the following information:

  • Your name

  • The name, address and contact information of the repair shop that you used

  • The make, model, vehicle identification number (VIN) and licence number of your vehicle

  • The number that the odometer was showing when your vehicle was dropped off and when your vehicle is returned

  • A complete list of the parts that were installed and if the parts are new, used or reconditioned, and if they used parts provided by the original equipment manufacturer

  • The price of each part

  • The total cost for the labour and the calculation method that was used. For example, a flat rate, an hourly rate, or a combination of both

  • Additional shop supplies charged to you (and not included in the normal operating costs)

  • The terms of the warranty provided by the repair shop for each part installed and the cost of the labour to install it

  • The total amount billed (Remember this can’t be higher than 10% above the written estimate)

 
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Why You Can Trust Hansma

Looking for an automotive repair shop you can trust? Contact Hansma Automotive. Here are the reasons why:

  • Honest Customer Service: Our customers have come to appreciate our honest service. Our word-of-mouth referrals continue to be our largest source of new customers.

  • Competitive Pricing: Whether you are looking for the best tire change Kitchener has to offer or you require one of our other automotive services, our highly trained technicians will be able to diagnose and fix your vehicle at a highly competitive price.

  • Reliable Repairs: You can rely on the technical expertise of our friendly staff to keep your vehicle in peak condition.

  • Over 33 Years of Service: We've been serving the Waterloo region with the highest quality automotive services since 1987.

  • Locally Owned and Operated: You can feel good about supporting a locally owned and operated family business.

  • True Customer Care: At Hansma, we truly care about our customers. We will do our best to provide you with great customer care and service. When you come to Hansma, you’ll be treated like family.

 
 
These folks are amazing. They are helpful, knowledgeable, friendly, and they get your vehicle taken care of fast and correct. And their prices are more than reasonable. I found this place by accident and I tell ya, I won’t go anywhere else anymore. They are my ONLY vehicle place. Highly recommend.
— Delia Hicks