Car Stuck At The Service Centre? KPDN Says Transport Costs May Be Claimable

Having your car stuck at a service centre for weeks or even months is frustrating enough. Having to fork out extra for e-hailing rides or a rental car while waiting for warranty repairs only makes matters worse.

But Malaysian car owners facing prolonged warranty repairs may be able to seek compensation for those additional transport costs, according to Deputy Domestic Trade and Cost of Living Minister Datuk Dr Fuziah Salleh.

As reported by The Star, Fuziah said vehicle owners could seek compensation for expenses such as rental vehicles or e-hailing services, provided they can prove that the costs were genuinely incurred because their vehicle was unusable.

She added that consumers should not be expected to shoulder the burden themselves when the repair or replacement of a major component takes too long.

Transport Costs Could Form Part Of A Compensation Claim

Deputy Domestic Trade and Cost of Living Minister Datuk Dr Fuziah Salleh (Photo Credit: Media Mulia)

According to Fuziah, consumers who have complied with their vehicle's warranty requirements and sent their cars to authorised service centres should receive fair consideration when prolonged repairs leave them without a vehicle.

This could include a replacement vehicle, mobility assistance or appropriate compensation.

More importantly, reasonable alternative transport expenses may be considered as part of a compensation claim if the owner can prove that they resulted from the vehicle being unusable.

That does not mean every Grab ride, taxi fare or rental-car bill will automatically be reimbursed simply because a warranty repair is taking longer than expected.

The expenses would need to be supported by evidence and linked to the loss of use of the vehicle.

But How Long Is Too Long For A Warranty Repair?

Here's where things get a little less straightforward.

Malaysia currently does not prescribe a fixed maximum period for completing vehicle repairs.

Instead, Fuziah said what constitutes a "reasonable time" can depend on factors including the nature of the damage, availability of spare parts and technical complexity of the repair.

Under Section 41(1)(a) of the Consumer Protection Act 1999, a consumer may require a supplier to remedy a failure within a reasonable time.

Section 41(2), meanwhile, provides for damages covering other loss or damage suffered by the consumer where it can be proven to be a result or consequence of the failure.

KPDN is studying whether clearer parameters or a reasonable timeframe should be established, particularly as lengthy spare-parts delays and loss of vehicle use can have a significant financial impact on owners.

Fuziah said any mechanism introduced would first need to be refined with relevant stakeholders to ensure it remains practical and fair to both consumers and the industry.

What Can You Do If The Issue Isn't Resolved?

For motorists currently facing this situation, keeping a proper paper trail could prove important.

That means holding on to service and repair records, work orders, communications with the service centre, dates showing how long the vehicle has been unavailable, as well as receipts for e-hailing rides, taxis or rental cars.

If the matter remains unresolved after dealing with the supplier or service centre, Fuziah said consumers can file a claim with the Tribunal for Consumer Claims Malaysia (TTPM).

For illustration purposes only. 

According to TTPM, the tribunal can hear eligible consumer claims of up to RM50,000, provided the claim accrued within three years.

Filing a claim costs RM5, and claims can also be submitted through TTPM's e-Tribunal system.

There is another important qualification. Under the Consumer Protection Act, a consumer generally refers to an individual obtaining goods or services ordinarily for personal, domestic or household use.

Goods or services obtained for business purposes or purchased under a company name do not fall under that consumer definition for TTPM purposes.

So while transport compensation is not an automatic payout simply because a warranty repair is taking longer than expected, motorists left car-less for an unreasonable period may have more avenues for recourse than they realise.

And if you're currently in that position, those Grab and rental receipts might be worth keeping after all.

Read: Can You Service Your Car Outside Official Service Centres? KPDN Proposes 'Right To Repair' Law