New MD Law Behooves Repair Shops to Disclaim Liability for Outside Damage or Loss to Consumer Vehicles

New MD Law Behooves Repair Shops to Disclaim Liability for Outside Damage or Loss to Consumer Vehicles

Legislation which passed in the last session of the Maryland General Assembly requires repair shops to disclaim liability for loss or damage to a consumers vehicle in for service or face the prospect of being liable per se. House Bill 1057 (Commercial Law, Automotive Repair Facilities”Invoices, Written Estimates and Forms Authorizing Repairs) requires a disclaimer/disclosure on repair orders and other shop paperwork given to the customer along the following lines:

Note that the legislation did not specify the language of the disclosure, or type-size or printing layout. The sample disclosure, above, is merely a recommendation that should probably be reviewed with casualty insurance advisors. In this connection, a copy of the legislation is enclosed with this Bulletin.

This law is effective October 1, 2008, and can be addressed with a simple supplementary form that would include the R.O. date, customers name, year and make of vehicle and optionally the customers signature. The form should then be attached to any customer repair paperwork. Its not a bad idea, also, to post a sign where other repair customer notices appear.

For more information, contact John ODonnell in the WANADA office at (202) 237-7200.

Notice to Our Customers:

Please note that we are not liable to you for any casualty loss you may sustain when it is in for service should it be stolen or damaged by persons not employed by this dealership .

We commit to you to deliver highest quality of repairs and service to your vehicle and commit to take the required level of care to ensure the safekeeping of your vehicle and protection thereof from the damaging acts of third parties not employed by us. Should your vehicle be damaged despite our best efforts, your resort will be to your own vehicle insurance provider. Should you wish to know the extent of our insurance coverage for these facilities and our repair operations, ask your service sales representative or his/her supervisor.