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In NC, the Motor Vehicle Repair Act requires a written estimate or signed waiver if the repair is over $350. The customer can waive any written estimates for a "period of time specified by the customer in the waiver." Does anyone have any kind of language in their waivers that specifies an effective time period? I'm not sure what period of time is standard/appropriate to include and I want to comply with the law without having to get a new waiver each time the customer gets work done.

Posted

In NC, the Motor Vehicle Repair Act requires a written estimate or signed waiver if the repair is over $350. The customer can waive any written estimates for a "period of time specified by the customer in the waiver." Does anyone have any kind of language in their waivers that specifies an effective time period? I'm not sure what period of time is standard/appropriate to include and I want to comply with the law without having to get a new waiver each time the customer gets work done.

 

I am in Michigan and we must have the same, signed written estimate or waiver of estimate if the estimated repair will be over $20.00. But at last I read the statute the waiver had no time duration. There were two types of waivers though, a single instance and a long-term. The long-term did not specify a length of time as I remember. But this is Michigan, not NC so you would be better served to investigate your State's law.

 

But on a side note, are you wanting a long-term waiver so you don't have to have a written estimate but can instead call the customer and get verbal approval, or are you wanting to circumvent the consumer's legal protections and then "ambush" them with the bill when they pick up their car? Do you have a lot of night drop-offs? Or do you not have policies in place to consult with the customer, establish their concerns to be addressed and then document them on a work order and have the customer verify the accuracy of your understanding with a signature? Or is your customer base one that trusts you completely and simply throws you the keys and says, "Just fix it then call me?" The only reason I bring this up is you didn't state why you needed/wanted the waivers but maybe you would benefit yourself if you evaluated the circumstances under which you need the waivers. I would imagine a caring repair shop would always get the customer's approval BEFORE performing any work beyond the initial request unless specifically told to do so. I know this is beyond the scope of your question but wouldn't that simply be respectful?

 

I'm sorry i couldn't answer your question, but even a shop in NC would be dangerous to take advice from without verifying it yourself to make sure you were in compliance. I hope you understand my other part was just points to ponder and an opportunity to look at your situation from a different perspective, it was not intended as an attack on you.

Posted (edited)

I am in Michigan and we must have the same, signed written estimate or waiver of estimate if the estimated repair will be over $20.00. But at last I read the statute the waiver had no time duration. There were two types of waivers though, a single instance and a long-term. The long-term did not specify a length of time as I remember. But this is Michigan, not NC so you would be better served to investigate your State's law.

 

But on a side note, are you wanting a long-term waiver so you don't have to have a written estimate but can instead call the customer and get verbal approval, or are you wanting to circumvent the consumer's legal protections and then "ambush" them with the bill when they pick up their car? Do you have a lot of night drop-offs? Or do you not have policies in place to consult with the customer, establish their concerns to be addressed and then document them on a work order and have the customer verify the accuracy of your understanding with a signature? Or is your customer base one that trusts you completely and simply throws you the keys and says, "Just fix it then call me?" The only reason I bring this up is you didn't state why you needed/wanted the waivers but maybe you would benefit yourself if you evaluated the circumstances under which you need the waivers. I would imagine a caring repair shop would always get the customer's approval BEFORE performing any work beyond the initial request unless specifically told to do so. I know this is beyond the scope of your question but wouldn't that simply be respectful?

 

I'm sorry i couldn't answer your question, but even a shop in NC would be dangerous to take advice from without verifying it yourself to make sure you were in compliance. I hope you understand my other part was just points to ponder and an opportunity to look at your situation from a different perspective, it was not intended as an attack on you.

 

The main reason I asked is that I just recently read the statute in full and I wanted to make sure my bases were covered, legally speaking. My customer base consists largely of used car lot dealers and longtime customers who followed after I left my service management position at a dealership. I always discuss repairs with customers in detail but have yet to have anyone sign anything. I know for legal reasons and for good business practices this is a necessity, so I just wanted to have something prepared for my customers who don't care to receive an estimate, so that they wouldn't have to sign a new waiver each time we do business. No intentions of blind-siding anyone whatsoever.

 

I am currently a one-man show and don't have a lot of specific policies in place, including in regards to customer relations. But I am hoping to expand the business in the near future and would like to begin implementing some procedures, so I was just trying to decide how to best go about handling business particularly with my long-time customers.

Edited by tarheel2011
Posted

The main reason I asked is that I just recently read the statute in full and I wanted to make sure my bases were covered, legally speaking. My customer base consists largely of used car lot dealers and longtime customers who followed after I left my service management position at a dealership. I always discuss repairs with customers in detail but have yet to have anyone sign anything. I know for legal reasons and for good business practices this is a necessity, so I just wanted to have something prepared for my customers who don't care to receive an estimate, so that they wouldn't have to sign a new waiver each time we do business. No intentions of blind-siding anyone whatsoever.

 

I am currently a one-man show and don't have a lot of specific policies in place, including in regards to customer relations. But I am hoping to expand the business in the near future and would like to begin implementing some procedures, so I was just trying to decide how to best go about handling business particularly with my long-time customers.

Posted

The main reason I asked is that I just recently read the statute in full and I wanted to make sure my bases were covered, legally speaking. My customer base consists largely of used car lot dealers and longtime customers who followed after I left my service management position at a dealership. I always discuss repairs with customers in detail but have yet to have anyone sign anything. I know for legal reasons and for good business practices this is a necessity, so I just wanted to have something prepared for my customers who don't care to receive an estimate, so that they wouldn't have to sign a new waiver each time we do business. No intentions of blind-siding anyone whatsoever.

 

I am currently a one-man show and don't have a lot of specific policies in place, including in regards to customer relations. But I am hoping to expand the business in the near future and would like to begin implementing some procedures, so I was just trying to decide how to best go about handling business particularly with my long-time customers.

 

As I wrote, I was not meaning to seem like I was attacking or impugning you, I truly hope you did not take it that way. Also as I wrote, you would be best served to find a lawyer who is knowledgeable in this area. But in Michigan any waiver of estimate, long-term or one time (such as night drop) must spell out the following as applicable to the type of waiver in question:


  •  
  • that the customer is entitled to a written estimate and is waiving that right
  • the date of the waiver
  • the duration of the waiver including an expiration date for long term waivers
  • that the waiver is granted voluntarily
  • the exact amount of repairs authorized, if an amount is known in advance
  • the limit of repairs authorized if an exact amount is not known
  • the ramifications of granting the waiver such as acknowledging the financial obligation.
  • sufficient information to identify the specific vehicle the one-time waiver applies to

 

This is not an all inclusive list nor is it to be construed as meeting any or all legal requirements of any state. The State of Michigan motor vehicle repair facility manual provides sample waiver forms, your state may as well.

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  • Have you checked out Joe's Latest Blog?

         0 comments
      The Technician Shortage Is Our Fault, And It's Time We Own It
      Nearly every day, I hear shop owners complain: "There's a technician shortage. We can't find qualified people. There's no one out there." If that's true, then who's to blame?
      The industry? The schools? The government? I don't know how you feel, but who promised us an endless supply of qualified technicians?
      Another common complaint is that young people do not want to work in the trades. Well, if that were true, then why are other trades such as HVAC, electrical, and plumbing growing? What are they doing that the automotive industry is not? 
      Here's the reality we need to face: We do have a problem, but we shouldn't look for someone or any entity to rescue us. Not the government. Not the trade schools. Not the recruiting companies. No one owes us a workforce. If we want great people in our industry, it's up to us. At some point, we need to own up to the truth: Building a pipeline of qualified technicians is our responsibility.
      In this blog article, I will break down the key reasons we are in this situation today and what we, as an industry, can do to solve the technician shortage. Are you ready to look in the mirror?
      Have We Pushed Technicians Away?
      Let's take a look at flat-rate pay. True flat rate, which pays a technician only for the hours they produce, is a controversial pay plan that emphasizes high production levels and creates a competitive work environment that, if not properly controlled, can lead to increased mistakes and a decline in morale and team spirit. Additionally, the stress and physical demands placed on technicians as they age are not favorable to long-term employee retention. What do we do with technicians as they grow older into their fifties and begin to slow down? 
      I have heard all the arguments and pros and cons of flat-rate pay, and I am not going to judge any pay plan. Let the facts speak for themselves. True flat rate has changed in most areas around the country and has evolved into a pay plan that gives technicians some pay guarantee.
      Many shop owners have learned that team morale, along with the opportunity to earn income, is important to technicians and to the company's long-term success. But let me ask you: how many technicians have left or been pushed out over the years because of the old flat-rate pay system?
      Another issue is the workplace environment. I remember being grateful to be hired as a young technician at a local repair shop. While very thankful, the work environment was not ideal. The shop owner kept the bay doors open year-round (I am from New York) unless it rained or snowed. He felt that if the bay doors were closed, customers might think we were closed for business. We had no heat and no hot water. Many of the jobs were done outside, year-round,  in all types of weather. The starting pay was minimum wage, with no benefits, sick days, or vacation pay. 
      Now, again, I need to point out that I was truly grateful for the opportunity this shop owner gave me. I learned a lot working there, and the experience was pivotal in my career. But looking back, I wonder how many people were discouraged by these working conditions?
      While the physical demands of the repair workplace are daunting, perhaps even more critical is the culture. Too many of my generation shop owners preached the mindset of "my way or the highway." We were the business owners, after all. We started our companies, took all the risks, and provided jobs. Why shouldn't we be the ones to set the ground rules our way?   
      Many of us found over the years that the "my way or the highway" mentality was a sure way to isolate employees and make them more likely to look over the fence for greener grass. In other words, it led many technicians to seek employment elsewhere, where they felt they could be appreciated and recognized for their hard work. The issue, however, was that there wasn't much green grass around. Disappointment after disappointment, bouncing from repair to repair shop, eventually led to despair. So, I ask you: were workplace conditions a contributing factor in today's technician shortage?
      Another factor that we are all well aware of is the complexity of the modern automobile. When I started, the work was mostly physical, and you were required to master essentially three vehicle models: General Motors, Ford, and Chrysler. Let's fast-forward to today. The evolution of automotive technology, along with the extensive training and tools required, has outpaced the typical technician's pay compensation, with no clear career path. Again, leading to frustration and insecurity about the future.
      Here is the bottom line: people don't leave their job; they leave their experience. We must do a better job. 
      The News Isn't all Bad; Your Next Steps to Fix the Technician Shortage
      To fix the technician shortage, it will take a combined effort from everyone in the automotive industry, particularly automotive shop owners. Shop owners are in the perfect position to make the greatest impact, not only on their businesses but also on the future automotive workforce.
      First, shop owners must become better leaders and understand that their ultimate success is directly dependent on the people they assemble around them. Any shop owner who mistakenly believes they can build an empire solely on their abilities is destined for serious disappointment. Business owners who think like this will eventually plateau. Without the collective contributions from a team of qualified people, your business will stall; it will not continue to grow.
      Create a workplace that attracts top talent: a clean, professional, well-equipped facility designed to support productivity, teamwork, and a career, not just a job. Build a great reputation in your community by getting involved locally. Become the auto repair shop that people take notice of as "the" place to work.
      Next, shop owners must become more financially knowledgeable. Knowing your numbers and what you need to achieve for a strong bottom-line profit is essential to paying technicians the money they need and deserve. Profit will also allow you to compete with other trade industries by providing a benefits package that has real take-home value and security.
      When it comes to culture, this is where the rubber hits the road. People crave recognition, praise, and a sense of purpose. Despite what you hear, people are not just money-motivated. Once people feel secure in their financial situation, retaining and motivating technicians can only be achieved by connecting with them on an emotional level. You cannot show enough appreciation. Give out praise for a job well done as if your business depended on it, because it does.
      As technicians age, we need to have a place for them. Expecting a 58-year-old to perform like a 35-year-old is unrealistic. We need to be more focused on career pathing. Provide training, skill development, and coaching to develop leaders and mentors within our older workforce. While their bodies may have slowed, the knowledge they have gained is priceless. 
      Our future is dependent on young people entering our industry. We need to give more young people opportunities. Every shop owner across the country should consider hiring an apprentice, then build an apprentice training plan and career path for them. If every shop did this, we could solve the technician shortage within five years. Get involved with the trade schools and high schools in your area. Look into the NAPA Apprenticeship Program. Don't sit on your hands with this one. Do it today.
      Lastly, don't get left behind. Commit to ongoing training for all your employees. Keep up to date with tools and equipment tailored to your business model. Don't try to be all things to all people and all vehicles. Identify your core profile customer and the vehicles they drive, and become an expert on those vehicles and the services you offer.
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