Need car repair in Culpeper- Be careful.

Maureen Kilburn
Published: March 9, 2008

I recently got a flat tire and had the car towed to a local dealer in Culpeper. After inspection, the company told me that I would need a new rim that would cost about $400.

My husband, who was working there at the time, got the specifications of the rim and notified service that we would be looking for a rim on our own since we could not afford a $400 rim.

He also asked them to order the part just in case we could not find a rim that was less expensive. There was to be no work done on my car without prior authorization (the dealership claims that ordering the part gave them "automatic" rights to perform the labor - which is not true).

When the rim I ordered came in (I found one for $100), the dealership refused to put my part on, stating it had already completed the work on my car and that I now owed them $562. After talking to many rude service managers and even the owner, I was refused access to my car.

I then went to the Police Department, called the courthouse and even called the magistrate, who told me there was nothing I could do.

However, all agreed (except the magistrate) that I was not responsible to paying for services that were not authorized. I was told that, legally, the dealer had no right to detain my vehicle. They did, however, give me a "discount" on their work and said I could have my car back for $350. While they had no right to keep my car, I paid them so I could get my car back without anything getting out of hand.

If something like this happens to you, here is what I have learned:

I spoke with a nice man named Mike Coston at the Office of Consumer Affairs Feb. 26. He told me:

1) Asking an auto shop to order a part does not give it permission to put on that part unless it has your consent first. If you decide that you don't want the part, you may have to pay a restocking fee, but you do not have to purchase that part.

2) An auto body repair shop cannot detain your vehicle without going to the court to secure a lien. (The magistrate I spoke to said that auto shops have an "automatic lien" on work performed up to $500). In Title 43 of Virginia state law (the actual amount is services for up to $800), a lien must first be enforced through the court system. (Basically, they have to 'activate' the lien). A shop cannot hold your vehicle based on this "automatic lien."

You have the right to recover your property. If the shop does not willingly give you your property, you can go to the local courthouse and pay the amount of the lien and have a sheriff's deputy escort you to the dealer to forcefully reclaim your property.

3) As a consumer, you do not have to purchase a product you did not authorize or decide to return. An auto mechanic cannot refuse or request to remove his part from your car and give it back to you in the original condition (in case you want to take your business elsewhere).

I found this information to be very helpful, yet was disturbed that our local government was not aware of these laws. Mr. Coston was kind enough to give me the Web site to look up these laws; it is leg1.state.va.us/lis.htm.