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Having troubles with a mechanic or repair shop in New York with no end in sight for these frustrations? Well, there’s no need to worry, as the New York Department of Motor Vehicles has streamlined the process in order to help resolve complaints against mechanics as efficiently as possible.
Did you know we have a free tool powered by AI that helps you create a demand letter to a mechanic? Check out our demand letter tool.
Common Reasons for Filing an Auto Repair Complaint
There can be quite a few reasons you might have a complaint against a mechanic or auto repair shop. It’s also worth noting that the DMV oversees more businesses than just car or motorcycle repair shops. They are also responsible for overseeing mobile car crushers, itinerant car collectors, vehicle dismantlers, inspection statements, and salvage pools. With all this in mind, common reasons to file a complaint include:
Being overcharged for a service or replacement parts
Receiving a false estimate for a work
Getting faulty repairs or a service that was not up to what was promised
Filing a complaint is a very common first step before suing the mechanic in small claims court as it free to file a complaint.
What requirements are there?
The main requirements for filing a complaint are:
A complaint cannot be filed anonymously
The complaint cannot take place 90 days or 3000 miles driven after the repair
You must first try to resolve the complaint by yourself
To file the complaint, evidence is not required but it is helpful to include it. Example evidence includes:
invoices,
estimates,
canceled checks,
receipts,
warranties,
guarantees, and
contracts involved
Information about the service provider is also very helpful, such as the mechanic’s name, or who you spoke with to try and resolve the complaint. While attempting to resolve the issue, keep notes of when and with whom you spoke. A demand letter to the mechanic is one way to well document your attempt to resolve the problem.
On top of that, it’s worth looking for the official State of New York DMV certificate that auto businesses should have posted outside of their business (you are looking for a white and green license plate). This could let you know if the place you went to is officially registered under the DMV.
If the mechanic is not located in New York, review our 50-State guide to filing a complaint against a mechanic.
Steps to Filing a Complaint with the New York Department of Motor Vehicles
If you were able to resolve the issue with the mechanic yourself, congrats! Otherwise, keep reading to learn how to file a complaint against an auto repair shop with the DMV.
By this point, you should have gathered all the information needed to help you complete the complaint report of the New York DMV. Once filled out, you have 2 options for how to submit the completed form.
The first option is to print and mail the form to the Bureau of Consumer & Facility Services.
Print and mail:
Mail the completed form to:
BUREAU OF CONSUMER & FACILITY SERVICES
PO BOX 2700-ESP
ALBANY NY 12220-0700
Phone number: (518) 474-8943
Fax: (518) 486-4102
Or, your second choice is to email the form.
Email:
Complete the complaint form digitally and then email it to:
What to Expect Following Submission of your NY DMV Complaint
After your complaint is submitted, a Customer Services Representative (CSR) will be assigned to your problem. Luckily, about half of all complaints submitted to the DMV are solved at this step.
If the CSR’s attempt fails, the complaint will be taken to an Automotive Facilities Inspector for an investigation.
If the business is found at fault, the DMV could send a warning letter to them and potentially schedule a hearing.
Throughout the process of the investigation and hearing, the DMV may fine the business or in extreme cases, revoke their license. At a hearing, the business can be asked to pay you money for the damages. The payment cannot be more than the amount that you are owed for the overcharge, faulty repairs, or service. By returning this money to you, the business may lower its fine or penalty.
All this, from the day the complaint is filed to when it’s resolved, can take anywhere from a couple of weeks to a couple of months.
What to do if no agreement is reached?
If you don’t receive a response to your complaint or reach an agreement, consider:
Sending a demand letter to the mechanic.
Suing in a New York Small Claims Court.
Camila Lopez
Legal Educator at JusticeDirect. Camila holds a law degree and is a certified mediator. Her passion is breaking down complicated legal processes so that people without an attorney can get justice.