| Repair shops
often get business by their reputations, but a shop may have to sublet some specialized
repairs. By subletting, you are relying on the expertise of another shop. If you’ve
done your homework, you use a quality shop, and there is no problem. However, sometimes
that other shop can let you down. Of course, the shop you sublet to does not have to talk
to the angry customer. You do.
Consider this scenario. A customer has their 2005 Chrysler minivan towed to your shop. It was
involved in a moderate to heavy front-end accident. You write up an estimate and provide
it to the customer and the customer’s insurance company. You can do most of the
repairs, but the windshield was cracked in the accident and you don’t install glass
at your shop. The airbag was also deployed, and your shop is not equipped to diagnose and
replace the air bag system. So, you sublet the windshield repair to a glass shop and the
air bag repair to an air bag specialist. Remember, any shop that you sublet work to must
also be a registered auto repair dealer.
The Automotive Repair Act of 1971, which
was developed jointly by the auto repair industry and consumer groups, states in Business
and Professions Code Sections 9884.7(a)(9) and 9884.9(b) that you may sublet repair work
to another shop. If you are planning to have the work done by someone other than you or
your employees, you must include a written statement of that fact with the written
estimate and obtain your customer’s authorization.
After getting the customer’s consent,
you start making repairs. The additional repairs are done at the glass shop and with the
air bag specialist. When the repairs are finished, the customer picks up the car. A few
days later, after the customer drives through a local car wash, he returns to your shop
with a complaint of water leaking from the windshield. The air bag specialist did a
reputable job, but the glass replacement was not as successful. The customer wants
satisfaction.
The question you ask is: "Am I
responsible for the repairs to the windshield even though neither I nor my employees made
those repairs?"
According to Business and Professions Code
Section 9884.9(b), you are responsible. This provision clearly states that you are
responsible for the work, just as you would be if you or your employees performed the
work. You must treat the job the same way you would treat a rework for repairs performed
by your shop.
In other words, correct the situation for
the consumer who paid you by having the repairs done right.
Be sure to write up another estimate for
the inspection and repair of the water leak, even if there is no charge to the consumer.
Include a statement that you will sublet the repairs to the glass shop. Always get the
customer’s authorization to repair his or her vehicle. And remember, you are still
responsible for any work that is sublet out.
After the repairs are made, the customer
picks up the vehicle and drives away satisfied. You knew what your responsibilities were
and you took care of them. Your reputation is intact. Maybe it is even enhanced by the
quickness with which you took responsibility for the problem.
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