West Virginia Auto Repair Law

Educational summary only – not legal advice.

This summary decodes West Virginia auto repair law so that consumers and repair shops can understand their exact rights, duties, and risks in plain English. It is based primarily on West Virginia Code §46A‑6B (Automotive Repair Services) and related consumer‑protection statutes.

Key Legal Rules at a Glance

·       Written estimate is the default requirement before any auto repair work begins.

·       Charges may not exceed the estimate by more than 20% or $50 (whichever is less) without customer approval.

·       Customer authorization is mandatory before additional work is performed.

·       Replaced parts must be offered back to the customer.

·       Invoices must be retained for at least two (2) years.

·       Violations can lead to voided charges, civil liability, and criminal penalties.

Statutory Mechanics — Plain English

1. Estimates & Authorization

·       Repair shops must provide a written estimate stating:

o   Estimated price

o   Estimated completion date

·       Customers may waive the written estimate in writing.

·       If waived, the shop must still:

o   Give an oral estimate

o   Make a written record of the oral estimate and the waiver

State law does not specify a minimum dollar amount that triggers an estimate requirement. General consumer protection statutes apply.

2. Over‑Estimate Rules (Cost Overruns)

·       A shop cannot charge more than the estimate unless the customer approves.

·       Maximum allowable overage without approval:

o   20% of the estimate OR $50 — whichever is less

If the repair will exceed that threshold: – The shop must stop work – Notify the customer – Provide a revised estimate – Obtain customer authorization before continuing

Approval may be written or oral if oral approval was allowed at the outset.

3. Disclosure & Signage Requirements

Repair shops must clearly disclose to customers: – Their right to an estimate – That charges cannot exceed the estimate without approval – Their right to receive replaced parts – How to file a complaint with the WV Attorney General

If signs are not posted, the shop must obtain a signed customer acknowledgment of these rights before performing work.

4. Invoices & Record Retention

Each repair invoice must include: – All labor performed – All parts supplied – Disclosure if parts are used, rebuilt, or reconditioned

Record retention: – Copies of final invoices must be kept for at least two (2) years.

State law does not specify retention requirements for estimates or authorizations beyond invoices; general consumer protection statutes apply.

5. Parts Return Rules

·       Shops must offer to return replaced parts to the customer.

·       Exceptions:

o   Parts returned under warranty or exchange

o   Hazardous or disposable parts

Parts do not need to be held after invoicing unless otherwise agreed.

6. Unauthorized Repairs

·       Shops may not charge for repairs that were not authorized.

·       Authorization must comply with estimate and over‑estimate rules.

·       Unauthorized work can result in non‑payment obligations and penalties.

7. Crash & Body Repair Parts Disclosure

For collision repairs: – Shops must disclose whether parts are: – OEM (original equipment manufacturer) – Aftermarket – Aftermarket crash parts require a clear written disclosure that warranties may be affected.

Enforcement & Penalties

Criminal Penalties

·       Violations are misdemeanors

·       Penalties include:

o   $500–$2,000 fines

o   Possible jail time

Civil Consequences

·       Consumers may:

o   Void unlawful charges

o   Recover twice the amount improperly charged

o   Seek costs and attorney’s fees

Regulatory Enforcement

·       Complaints may be filed with the West Virginia Attorney General’s Consumer Protection Division.

What This Means for Consumers

·       You are entitled to price transparency before repairs begin.

·       You control whether additional work happens — no surprise charges.

·       You can request and receive your old parts.

·       If a shop violates the law, you may:

o   Refuse payment

o   Recover damages

o   File complaints or lawsuits

This law is designed to prevent bait‑and‑switch pricing and unauthorized repairs.

What This Means for Repair Shops

·       Always provide written estimates unless properly waived.

·       Never exceed estimates beyond 20% or $50 without approval.

·       Document every authorization.

·       Post required consumer‑rights signage or obtain signed acknowledgments.

·       Retain invoices for at least two years.

Failure to comply can result in criminal charges, civil liability, and voided invoices.

Bottom Line

If you run a repair shop in West Virginia — or pay for auto repairs there — this statute defines the rules of the road. Estimates, authorization, and transparency are not optional.

This document reflects current statutory law and does not replace legal advice.