August 2008 - Irish American News

August 2008 IRISH AMERICAN NEWS 29Burke’sLawBrian Burke, Senior PartnerLaws to Regulate Auto Body Shops:Automotive Collision Repair ActIf you bring your car into an auto body shop for repairs,you are protected by the Illinois “Automotive Collision RepairAct.” Actually, you are not “protected” by the Act, but the autobody shops operating in Illinois are regulated by the Act, whichmeans nothing unless they (1) know the requirements of theAct; (2) abide by the requirements of the Act; or (3) violatea consumer’s rights under the Act and the consumer retainsknowledgeable legal counsel.The purpose of the Automotive Collision Repair Act was to“improve communication and accounting between collision repairbusinesses 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 defectsrelated 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 beforecommencing work in excess of $100.2. Disclose the following before obtaining authorization tocommence work:a. a written estimated price for labor and parts for a specificrepair and the final cost cannot exceed 10% of the written estimatedprice for labor and parts without oral or written consentfrom the consumer; ORb. a written price limit (maximum) for each specific repairwhich shall not exceed that limit without oral or written consentof the consumer. 815 ILCS 308/15.The Act requires that if you need to have the car towed inthe auto body shop cannot undertake a diagnosis or repair forcompensation unless:a. the auto body shop has prepared a written estimate or afirm price quote of the price for parts and labor;b. the consumer has approved the written estimate orfirm price quote, by phone or otherwise, after being given allpertinent information from the written estimate or firm pricequote;c. the consumer has given his or her oral or written consentto the diagnosis or repair.If the consumer’s consent is oral, the auto body shop mustnote the name of the person authorizing the repair, the date, thetime, and the telephone number called. 815 ILCS 308/35.Traditional Irish Pub & RestaurantFu l l Me n u-Irish Br e a k f a s t All Da y-Ev e r y d a y!Lu n c h 11- 4pm • Di n n e r 4-11pmLa t e n ig h t Chipper Me n u 11pm-1a mPl e n t y o f Pa r k in g in Ou r Lo t!3374 N Clark St Chicago(Clark & Roscoe) 773-248-3600www.johnnyohagans.comDaily 11am-2 am Saturday 9 am-3amSunday 9 am- 2 am•Call ForMUSIC SCHEDULE• Murphy’s Snug Bar downstairsavailable for Private PartiesAfter authorization from the consumer andafter the repairs have been performed, the Actrequires certain disclosures in the final invoice.The include:1. An accurate record of the following:a. description of all repair work done by theauto body shop;b. identification of each major part supplied;c. total price charged for all charges includingparts, labor, sales tax, and any additional charges (ex., storagecharges or administrative charges);These are just some of the requirements of the AutomotiveCollision Repair Act, 815 ILCS 308. But keep in mind thatwhen these auto body repair shops claim a lien of your carfor non-payment, any violation of the Act is a bar to the lienasserted by the auto body repair shop. 815 ILCS 308/65. So,if you think you are being swindled, but an auto body repairshop is threatening you with detention of your car based on amechanic’s lien, suit, auction, etc., be aware that an violationof the Automotive Collision Repair Act, bars any purportedlien of the auto body repair shop. 815 ILCS 308/65.Pursuant to the Illinois Consumer Fraud and DeceptiveBusiness Practices Act, 815 ILCS 505/2Z, any violation ofthe “Automotive Collision Repair Act” is an unlawful practicewithin 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 815ILCS 505/10c.For those of you who have found this article informative, Ihope you will consult an able consumer fraud attorney if youPr iv a t e Ro o m s Av a i l ab l e3511 N ClarkChicago773.935.6669Open 11 am to 2 amSat 11 am to 3 amLunch/DinnerIrish Brkfst all day!Voted BEST Irish Bar 2004 & 2005 citisearch.comWINNER! Best Comfort Food AwardAOL City Guide 2005 & 2006WINNER! Silver Platter Award 2004, ’05, ‘06 & ’07presented by Food Industry NewsZagot Guide Recommended 2004, ‘05, ‘06 & ‘07With or Without Great Buffet!ever feel you’ve been lied to or cheated.Next month, I plan to write about the “Home Repair an RemodelingAct” and the “Home Repair Fraud Act.” Since mostof us usually rely on Irish contractors and sub-contractors forhome-repairs, my next proposed column will probably not behelpful to most. The words “shyster” and “Irishman” are, inmy experience, oxymorons. But I hope that this column about“shyster” body shops will help you vindicate any rights youfeel have been violated.McNamara’sFood & Drinks4328 W Irving Park Rd • ChicagoFull Service Dining,Outdoor Garden Area,and the only Wood Burning Grill inChicagoland!Available for Private PartiesIRISHBREAKFASTSAT & SUNtil 2pmLUNCH & DINNER SPECIALS DAILY!AUTHENTIC IRISH PUBServing Domestics and Importsand Guinness of Course!Mo n - Sa t 11 a m to 2 a mSu n d a y 10 a m to 2 a m(773) 725-1800 Bar(773) 736-1690 Fax“Chicago’s Best Kept Secret!”