Laws to Regulate Auto Body Shops: Automotive Collision Repair Act

If you bring your car into an auto body shop for repairs, you are protected by the Illinois “Automotive Collision Repair Act.” Actually, you are not “protected” by the Act, but the auto body shops operating in Illinois are regulated by the Act, which means nothing unless they (1) know the requirements of the Act; (2) abide by the requirements of the Act; or (3) violate a consumer’s rights under the Act and the consumer retains knowledgeable legal counsel.

The purpose of the Automotive Collision Repair Act was to “improve communication and accounting between collision repair businesses and motor vehicle owners.” 815 ILCS 308/5.
The Act regulates businesses that engage in cosmetic repair, structural repair, or refinishing of motor vehicles with defects related to accident or collision. 815 ILCS 308/10.

The Act requires auto body shops to do the following:
1. Obtain specific authorization from the consumer before commencing work in excess of $100.
2. Disclose the following before obtaining authorization to commence work:
a. a written estimated price for labor and parts for a specific repair and the final cost cannot exceed 10% of the written estimated price for labor and parts without oral or written consent from the consumer; OR
b. a written price limit (maximum) for each specific repair which shall not exceed that limit without oral or written consent of the consumer. 815 ILCS 308/15.
The Act requires that if you need to have the car towed in the auto body shop cannot undertake a diagnosis or repair for compensation unless:
a. the auto body shop has prepared a written estimate or a firm price quote of the price for parts and labor;
b. the consumer has approved the written estimate or firm price quote, by phone or otherwise, after being given all pertinent information from the written estimate or firm price quote;
c. the consumer has given his or her oral or written consent to the diagnosis or repair.

If the consumer’s consent is oral, the auto body shop must note the name of the person authorizing the repair, the date, the time, and the telephone number called. 815 ILCS 308/35.

After authorization from the consumer and after the repairs have been performed, the Act requires certain disclosures in the final invoice. The include:
1. An accurate record of the following:
a. description of all repair work done by the auto body shop;
b. identification of each major part supplied;
c. total price charged for all charges including parts, labor, sales tax, and any additional charges (ex., storage charges or administrative charges);

These are just some of the requirements of the Automotive Collision Repair Act, 815 ILCS 308. But keep in mind that when these auto body repair shops claim a lien of your car for non-payment, any violation of the Act is a bar to the lien asserted by the auto body repair shop. 815 ILCS 308/65. So, if you think you are being swindled, but an auto body repair shop is threatening you with detention of your car based on a mechanic’s lien, suit, auction, etc., be aware that an violation of the Automotive Collision Repair Act, bars any purported lien of the auto body repair shop. 815 ILCS 308/65.

Pursuant to the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/2Z, any violation of the “Automotive Collision Repair Act” is an unlawful practice within the meaning of the Consumer Fraud Act. Therefore, a consumer, upon prevailing either by settlement or verdict, can sue for his attorney fees and court costs pursuant to 815 ILCS 505/10c.

For those of you who have found this article informative, I hope you will consult an able consumer fraud attorney if you ever feel you’ve been lied to or cheated.

Next month, I plan to write about the “Home Repair an Remodeling Act” and the “Home Repair Fraud Act.” Since most of us usually rely on Irish contractors and sub-contractors for home-repairs, my next proposed column will probably not be helpful to most. The words “shyster” and “Irishman” are, in my experience, oxymorons. But I hope that this column about “shyster” body shops will help you vindicate any rights you feel have been violated.

Brian Burke Brian Burke & Associates, Ltd.
www.my-illinois-lemon-lawyer.com
Chicago/Los Angeles