Here you will find information on how you can protect yourself when repairing your motor vehicle.
Vehicle Repair downloadables
Right to Repair
Under Maine law, you have the ability to access the vehicle's mechanical data through a mobile device and to authorize an independent repair facility to access the vehicle's mechanical data to diagnose, repair, and maintain your vehicle. When selling or leasing motor vehicles containing a telematics system, dealers shall provide a Vehicle Telematics Notice (Word) to the prospective owner, obtain the prospective owner's signed certification that the prospective owner has read the notice and provide a copy of the signed notice to the prospective owner.
Your Vehicle Repair Rights
- Basic Vehicle Repair Rights
Maine’s Motor Vehicle Repair Law[i] gives car repair customers some specific rights you should use to your advantage. Briefly, these are your rights:
- You have the right to establish a maximum amount you are willing to pay for repairs. This maximum cannot be exceeded without your prior permission. You must do this in writing. If this amount is exceeded, you do not have to pay the excess.
- You can inspect all replaced parts before you pay.
- You can keep all replaced parts, with the exception of those that must be returned to the manufacturer under a warranty program.
- Used, rebuilt or reconditioned parts cannot be installed in your car unless you agree in advance.
- All repair shops must post a sign informing you of these rights and the hourly rate they charge.
Any violations of the Motor Vehicle Repair Law are also unfair trade practices under the Maine Unfair Trade Practices Act.[ii] The Unfair Trade Practices Act gives you the right to go to Small Claims Court (if the loss is $10,000 or less), District Court, or Superior Court to get your damages or your money back. The court can also order the repair shop to pay your reasonable attorney fees, if there are any, and the cost of filing the suit.
The rights you have under the Motor Vehicle Repair Law and the Maine Unfair Trade Practices Act cannot be waived or modified. Any waiver or modification is void and unenforceable.
[i] Title 29-A Maine Revised Statutes, sections 1801-1851.
[ii] Title 29-A Maine Revised Statutes, section 1807; Title 5 Maine Revised Statutes, sections 205-A through 214.
- You Have the Right to Set a Maximum Amount You Will Pay for Repair
Under Maine’s Motor Vehicle Repair Law, you have the right to set a cap on the amount you are willing to pay for any motor vehicle repair.[i]
Ask the repair shop for an estimate of the cost of repairs. To set a cap on the amount you are willing to pay, set your cap in writing and give it to the repair shop. You can also leave a signed note with your car. If the repair shop exceeds the cap without first obtaining your permission, you are not responsible for the additional charges over your cap. For example, if you set a $500 limit on the work and the mechanic makes $650 worth of repairs without consulting you, they are not entitled to payment of the additional $150—nor are you legally responsible for the extra $150. Remember that you must sign this repair limit for it to be legally binding. Your written notice can be simple:
To: [Name of repair shop]
I will not pay more than $_________ for repairs to my [year and name of vehicle], unless I specifically agree to pay a greater amount.
Your Signature and Date
Or you can simply write equivalent language on the repair contract many garages have you sign when you drop off your car.
This does not mean that the repair shop must repair your car for less than the cap—they are entitled to refuse to do the work. The cap only means that, if they do not inform you of a higher cost and you do not approve it, you are not liable for any charges over your written cap.
Remember that a repair shop’s estimate of repair costs is normally not a contract to do the work at that price—it is only an estimate.[ii] To use the Motor Vehicle Repair Law to your advantage, you must leave a written note stating your limits.
[i] Title 29-A Maine Revised Statutes, section 1802.
[ii] A “firm” estimate can result in a binding, oral contract (e.g., “I can fix this car for $250”). But remember a contract for $500 or more of goods (e.g., car parts) should be in writing to be enforceable in court. Title 11 Maine Revised Statutes, section 2-201.
- You Have the Right to Inspect Replaced Parts
By law, you have the right to examine the parts that were replaced in your car before you pay your bill. Also, unless the repair shop is required to return the parts that it has removed from your car to the distributor or manufacturer, the mechanic must return them to you if you want them.[i] If the repair shop refuses, it is committing an unfair trade practice. If you want the parts, say so when you take the car in. Otherwise, the mechanic might throw them away.
[i] Title 29-A Maine Revised Statutes, section 1803.
- You Have the Right to Know Whether the Parts Being Installed Are New or Used
The mechanic must have your approval before installing any parts that are used, reconditioned or rebuilt.[i] It can be an unfair trade practice for the mechanic to misrepresent the condition of the parts, for example, if they tell you that they have installed new parts, but the parts are actually used or rebuilt.[ii]
- You Have the Right to Know How Much the Repair Shop Charges for Work
Maine law requires the repair shop to post the hourly rate it charges for labor and the nearest fraction of an hour it rounds off when calculating the bill. The notice must be posted in a conspicuous place and must also tell you if the shop charges a flat rate for certain repairs.[i] Sometimes dealers charge according to a “flat rate” that assumes a certain amount of time for a particular repair. Be sure to ask your repair shop the basis for the estimate, including how many hours of work they estimate the repair will take and the hourly labor rate. Be cautious if a repair shop charges by a flat rate, which could inflate the time usually needed for a repair.
[i] Title 29-A Maine Revised Statutes, section 1805.
- Picking up Your Repaired Vehicle
When you pick up your car:
- Examine the car, the bill and the replaced parts.
- Be sure the car was not damaged while it was in for repairs. You do not want to drive away with extra dents and scratches.
- Check the itemized bill that is part of the work order form. Check totals for parts, labor, gas and oil, and shop supplies. Make sure nothing has been added to what you wanted done without your approval. Question any items on the bill that are not clear to you.
- Ask for all replaced parts listed on the itemized bill. At least examine all parts. If it is unclear to you what is wrong with a part, ask.
- Make sure you receive new (not used or rebuilt) parts whenever the repair estimate called for new parts.
- Keep a copy of the bill.
- Inadequate or Unfair Repairs
A contract to repair is like any other contract. If the work is poorly done, the repair shop may have breached your contract. One possible remedy is to go to Small Claims Court and sue for damages, such as the cost to have the car properly repaired (up to $10,000). Under Maine law, your repairs come with an implied warranty of good workmanship, even if the repair shop does not give you an express warranty.[i] Also, be wary of 50/50 repair warranties, which give the customer little control over the prices charged for the repair. Further, such warranties may violate the federal Magnuson-Moss Warranty Act, which prohibits warranties that require customers to purchase a specific item or service.[ii]
- Complaint Route
If you dispute a repair bill, think hard before you refuse to pay it. The shop owner has both a common law and statutory mechanic’s lien on your car and may refuse to deliver it to you until you pay.[i] The lien is only for the amount that was authorized, but when that is in dispute, your car may still be kept from you until your bill is paid. The lien is, essentially, a claim to partial ownership of the car. You will not have a clear title to your car until you pay the bill or until the claim is settled in court, assuming it is settled in your favor.
If you disagree with the repair bill, it is normally advisable to pay it first in order to get the car back. Then you can pursue your complaint, including in court if need be. If you simply leave the car with the dealer and refuse to pay, you run the risk that the dealer can claim title to the car as an “abandoned” vehicle and the repair shop can become the owner. If possible, pay by credit card, so that if necessary you can later dispute the charge (see our guide to credit, https://maine.gov/ag/consumer-protection/consumer-help-topics/credit).[ii] Do not pay the bill by check and then stop payment on the check. If the repair shop complained to the District Attorney, you could be charged with a crime for theft of services.[iii] It may be wiser to pay the bill in dispute and file a claim against the repair shop in Small Claims Court for the amount at issue.
When you do pay a bill you feel is unfair, be sure to note on your check, on the bill, or on both, that you are paying the bill—or a portion of it—“under protest.”
[i] Title 10 Maine Revised Statutes, sections 3801 through 3802. This statutory lien must be filed in the Secretary of State’s office within 90 days after the labor was performed or else it expires. Title 10 Maine Revised Statutes, section 3802.
[ii] See title 29-A Maine Revised Statutes, sections 1851 through 1860, which sets forth the steps a repair shop can take to become the owner of an abandoned vehicle.
[iii] See title 17-A Maine Revised Statutes, section 357.
- Unfair Trade Practices
Violation of Maine’s Motor Vehicle Repair Law can also be a violation of the Maine Unfair Trade Practices Act. If you sue successfully under the Unfair Trade Practices Act, you can receive the money back that you paid the repair shop as well as your attorney fees.[i] Even if the repair shop did not violate one of the specific provisions of the Maine Motor Vehicle Repair law, they could still have behaved so unfairly or deceptively that the Maine Unfair Trade Practices Act was violated. For example, it can be an unfair trade practice to perform the wrong repair job, thus failing to correct a problem, and then insist that the job was done correctly and that there will be an additional charge to perform additional repairs.[ii] Or it can be an unfair and deceptive “failure to state a material fact” if the dealer or repair shop knows your vehicle’s problem is covered by a manufacturer’s warranty yet fails to tell you.
For more information, see our guide to the Maine Unfair Trade Practices Act.
[i] Title 29-A Maine Revised Statutes, section 1807; Title 5 Maine Revised Statutes, section 213.
- Repair Notice That Must Be Posted
A repair shop must post the following notice in a place where it is reasonably likely to be seen by its repair customers.[i] The notice must be conspicuous and printed so that it can be read by the average person.
Notice To Our Customers Required Under State Law
Before we begin making repairs, you have a right to put in writing the total amount you agree to pay for repairs. You will not have to pay anything over that amount unless you agree to it when we contact you later.
Before you pay your bill, you have a right to inspect any replaced parts. You have a right to take with you any replaced parts, unless we are required to return the parts to our distributor or manufacturer.
We can not install any used or rebuilt parts unless you specifically agree in advance.
You can not be charged any fee for exercising these rights.
We charge $________ per hour for labor.
(We round off the time to the nearest _________ .)”
The notice must also contain the following if it applies:
We also charge a flat rate for some repairs. Our service manager will explain what a flat rate is and show you how much it may cost you. A flat-rate charge may not match the time actually spent repairing your vehicle. Please ask us whether we will charge you by the hour or by a flat rate. We use the same labor rate method in any estimate we provide and any bill you receive.
The notice must also contain the following if it applies:
We charge $ ____for shop supplies.[ii] Our service manager will explain shop supplies and how much they may cost you.
- Towing Charges
Nearly everyone will have their vehicle towed at some point. Your vehicle could be towed with your consent—for example, when you call for a tow because your car is inoperable—or without your consent—for example, when you park your car illegally on private property. In either case, the law provides you with some protections.
A tow company needs to be honest about what it charges you, both for the towing service and for the cost of storing your vehicle. So, make sure you ask for that information, preferably in writing. If the tow company refuses to give you that information or to put it in writing, that could be a red flag. And if the tow company increases its towing or storage prices without your agreement after taking your vehicle, that may be a deceptive practice that violates the Maine Unfair Trade Practices Act.
The law provides that storage fees for towed vehicles must be reasonable, and under no circumstances can a storage fee exceed $1,500 for a period of 30 days.[i] If your vehicle is stored for more than a few days, and the towing company is demanding you pay a total amount that exceeds an average of $50.00 per day, then the towing company is likely breaking the law.
If your vehicle is at a tow lot and you cannot afford to pay the charges to have it released, the tow company can claim title to the vehicle. But it must follow certain steps before you can lose title. The tow company must send a written notification to the Secretary of State that it has your vehicle. The notification must include the following information:
- The vehicle’s make, model, year, body type, VIN and any registration plates on the vehicle;
- The date the vehicle came into the tow company’s possession;
- The person in charge where the vehicle is located;
- Under what circumstances the vehicle came into the possession of the tow company; and
- Whether the vehicle is salvage.
Once the Secretary of State receives the written notification, it will contact the record owner of the vehicle by mail.[ii] If the owner fails to retrieve the vehicle and pay all reasonable charges for towing, storage, and any authorized repair within 14 days of the towing company’s written notification to the Secretary of State, then the vehicle is considered abandoned by law and the title may be transferred.[iii]
The law allows a towing company or storage facility to hold not only the vehicle, but also its contents, until reasonable towing and storage charges are paid. However, this does not include your “personal effects.” You are allowed to retrieve items such as medications, medical equipment, footwear, clothing, mail, child restraint systems (i.e. car seats) and similar items. You have the right to retrieve those items without paying towing and storage charges.[iv] You do not have the right to retrieve business equipment, machinery, or tools.
Note: There are different rules for vehicles that are impounded and kept by the state police.[v]