The "Your Car Is Unsafe To Drive" Scam - Podcast

Kinja'd!!! by "SteveLehto" (stevelehto)
Published 03/09/2017 at 09:00

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STARS: 7


Kinja'd!!!

Oh, how many times have I heard this one? Someone is panicking because they were told their car was “Unsafe to Drive!” Don’t get me wrong - if your trusted mechanic tells you this, listen up. But if it is a car seller or someone changing your oil, you can probably ignore them.

Recently, a caller told me they were freaking out because an oil change guy had said the car was unsafe. Had he driven the car? No. What did he say was wrong with it? He didn’t specify. Why would you believe someone like that? In Michigan (and many states), oil change places don’t even have mechanics on the premises.

But this topic also often comes up when a brake estimate comes in too high. Threaten to take the car for a second opinion, they will often tell you that you cannot leave since your car is “Unsafe to Drive!” Yeah, that’s a scam .

There’s also the related topic of the mechanic who tells you that your car is not worth fixing, but he/she will buy it from you to save you the trouble. Trust me - it’s related and it’s a scam too.

This week’s audio:

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And video:

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Steve Lehto has been practicing law for 25 years, almost exclusively in consumer protection and Michigan lemon law. He wrote The Lemon Law Bible and Preston Tucker and His Battle to Build the Car of Tomorrow.

This website may supply general information about the law but it is for informational purposes only. This does not create an attorney-client relationship and is not meant to constitute legal advice, so the good news is we’re not billing you by the hour for reading this. The bad news is that you shouldn’t act upon any of the information without consulting a qualified professional attorney who will, probably, bill you by the hour.


Replies (20)

Kinja'd!!! "random001" (random001)
03/09/2017 at 08:15, STARS: 2

I had someone try to pull this on me once. I told them I survived driving it here, so it’s unlikely to kill me when I leave. This was in VA, I took it in for the annual safety inspection. Strangely, the car passed inspection, but was unsafe to drive.

Seriously, I got nothing for ya on that one.

Kinja'd!!! "Milky" (jordanmielke)
03/09/2017 at 08:21, STARS: 1

Oil change shop tried this on me when I was 16, probably hoping for easy money. Said my leaky Cherokee was a fire hazard / shouldn’t let me drive it out of there. LOL, every old Jeep should be off the roads apparently.

Kinja'd!!! "OPPOsaurus WRX" (opposaurus)
03/09/2017 at 08:37, STARS: 2

O man, a local Hyundai dealer tried to take my parent big time. The battery light came on in my mothers car. They called the dealer and the dealer told them it could be proprietary electronics and to come to the dealer for a scan. This is a 2011 Santa Fe. It only has like 20k miles on it. The get half way there and the car dies on the highway. Dealer says tow it here. 3 hours later the dealers tow shows up for a 15 minute ride to the dealer. They tell my parents its just the alternator and not electronics (shocking) but they also need head gaskets. on a 20k mile car. Luckily my father at least realized that was under warranty despite first being told it was so the dealer had to eat that one. I’d be shocked if it was actually done.

Kinja'd!!! "EL_ULY" (uly)
03/09/2017 at 08:46, STARS: 3

First off!!!!!!!!!

Those diecast, yo! They are epic. I want to say one dude on over on LaLD had. 1:18 of that Turbine also.

Here at work, people with super obvious issues that would be considered dangerous are notified and if they decline repair, we have a form they have to sign. Oddly enough, it’s not uncommon for cars to come in without appointments claiming that they were advised of something dangerous with their brakes, suspension, or drivetrain. After check out and nothing is found, never fails the person who told them was a random family member or more commonly some guy that works at a tire shop

Kinja'd!!! "jimz" (jimz)
03/09/2017 at 08:49, STARS: 2

I can’t “show you the law!”

Kinja'd!!!

Kinja'd!!! "SteveLehto" (stevelehto)
03/09/2017 at 08:55, STARS: 2

I just got the diecast of the Turbine. The middle one is the promo that Chrysler did in 1963 (I have two) and the smaller one is a Hot Wheel.

The form is the perfect solution (and all the dealer really needs to do to cover themselves). Beyond that, it’s just hot air.

Kinja'd!!! "EL_ULY" (uly)
03/09/2017 at 09:03, STARS: 1

indeed

Kinja'd!!! "jimz" (jimz)
03/09/2017 at 09:15, STARS: 0

have you ever tracked down the Jo-Han plastic model kit? I think my dad has a built version. full engine and everything.

Kinja'd!!! "jimz" (jimz)
03/09/2017 at 09:16, STARS: 2

quick lube places are nothing but pure, concentrated upsell. I had some dimbulb kid at one try to tell me my SRT-4 “needed” their $12/qt synthetic oil because it was a “turbo.”

Uh, yeah, it’s got 165,000 miles on it, all on conventional oil. I’ll pass, thanks. And no, the air filter I put in two weeks ago doesn’t need to be changed.

Kinja'd!!! "SteveLehto" (stevelehto)
03/09/2017 at 09:23, STARS: 1

I’ve seen them but I hate building models.

Kinja'd!!! "facw" (facw)
03/09/2017 at 09:55, STARS: 0

Is the form really enough? I’d imagine it would protect them from the owner, but it seems like they could still have some liability if the owner killed someone else with their unsafe car (I am not a lawyer, obviously). If I ran a shop and there was a car that was obviously unsafe, I think I’d be calling it in to the police to cover myself, unless it got repaired or was towed away. They still might not do anything, but at least I’d have tried to do something.

Kinja'd!!! "SteveLehto" (stevelehto)
03/09/2017 at 09:56, STARS: 2

Why would it be your responsibility?

Kinja'd!!! "functionoverfashion" (functionoverfashion)
03/09/2017 at 09:56, STARS: 0

Agreed, we used to have a similar form for boats that people declined necessary repairs on... like a bent prop shaft after changing a prop. Nope, don’t want to spend the money (but you’ll ruin your gearcase which costs waaay more)....

[thread hijack]

There you are EL_ULY! Nope, I’m not stalking you on Oppo. Maybe a little. Wanted your opinion on my post yesterday about a 2012 xc70 3.2.

[/thread hijack]

Kinja'd!!! "facw" (facw)
03/09/2017 at 10:08, STARS: 0

If I know it to be unsafe and let it drive off anyway, that feels like it is my responsibility. I mean obviously a much larger share of the blame would fall to the driver who left after being told so, but I would still feel responsible. That seems all the more true given that the driver may not have much way to know if the car is actually unsafe, or if the shop is just trying to scam them.

Kinja'd!!! "SteveLehto" (stevelehto)
03/09/2017 at 10:12, STARS: 3

But that’s the point. How you feel does not create a legal obligation. Otherwise, there would be all kinds of things we could be found liable for that aren’t our jobs.

Kinja'd!!! "ateamfan42" (ateamfan42)
03/09/2017 at 12:03, STARS: 0

Strangely, the car passed inspection, but was unsafe to drive.

So they passed the car for the safety inspection, and then turned around and claimed it was unsafe? Seems like the fault isn’t the car, but rather their defective inspection process. What a hoot.

Kinja'd!!! "random001" (random001)
03/09/2017 at 12:12, STARS: 0

Yeah, right? I was a kid at the time, maybe not even quite 20 yet, I think? But I looked like I could have been 16. Little did they know that I’d been working on cars with my dad regularly since I was 5, so...yeah....

Kinja'd!!! "Wil Haginen" (wilhaginen)
03/27/2017 at 10:28, STARS: 1

By chance, was this Glassman Hyundai? We had a Sonata that they said needed a new belt at 15k miles. They gave the the old belt (I think by law they were required to do so), and the belt had the most unusual wear pattern: A single cut that looked to have been made by a sharp knife in a straight line running diagonally across the band.

Kinja'd!!! "OPPOsaurus WRX" (opposaurus)
03/27/2017 at 10:40, STARS: 1

nope i’m in Mass.

Kinja'd!!! "Wil Haginen" (wilhaginen)
03/28/2017 at 09:30, STARS: 0

As much as I want to support Korean car industry (originally from there, a lifetime ago), my family and I have experienced such shady treatments from Hyundai dealerships (in two different states, no less!) that we’ve sworn off all future Hyundais / Kias / Genesis from consideration.