Garage ruined engine when car took in for MOT

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sartois
sartois Posts: 162 Forumite
Hi there,

I hope someone can help here as I am not sure what the rights are in this situation.

My friend took her car to a garage to have a service and MOT carried out, and whilst I don't have the full details the garage have contacted her to tell her the 'engine blew up' during whatever they were doing with the car.

They haven't given her any more details than this and have said that she would need to speak to the owner of the garage who is not in until Friday to 'sort it out'.

She has asked me to go to the garage with her for support tomorrow. I am wondering what rights she has here as she basically took a working car into the garage for a standard MOT and oil change, and from the sounds of it her car may now need a new engine.

Any help would be greatly appreciated. Thanks.
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Comments

  • Aylesbury_Duck
    Aylesbury_Duck Posts: 13,993 Forumite
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    Wait and see what the manager says, but as I understand it, the testing station has to rev the engine to relatively high speeds for the emissions test. When submitting the car for the test, you implicitly agree to the test being carried out. A car with an old engine, an engine that hasn't been maintained correctly, a worn part or just bad luck, can mean damage as a result but there's nothing the garage can do, it has to carry out the test properly.

    Unless your friend can prove the garage was negligent or carried out the test incorrectly, she's relying upon the garage offering to help as much as it wants to.
  • sartois
    sartois Posts: 162 Forumite
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    Thanks for your response. Just a few more details although from the sounds of things its not going to make a lot of difference.

    So her car is a Fiat 500, 8 years old and has done 55,000 miles, full service history, no warning lights or anything.

    She basically took a working car in excellent condition (as far as I can tell) to the garage for a service and MOT and now the engine has (from the sounds of it) blown, and there is nothing she can do apart from ask nicely? Ouch.
  • kmb500
    kmb500 Posts: 656 Forumite
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    As above, it's better for something to fail at the MOT than fail while you're driving. I know that's not very comforting. See what they say though.
  • sartois
    sartois Posts: 162 Forumite
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    tykesi wrote: »
    You seem to think this is the garages fault?

    Who would [STRIKE]you[/STRIKE] your friend be looking to blame if this had happened while [STRIKE]you[/STRIKE] were driving on the motorway?

    Just asking what (if any) rights she had. Just like any other transaction involving some sort of service. Not sure why you felt the need to write this particular comment but hope it makes you feel better about yourself :)
  • WestonDave
    WestonDave Posts: 5,154 Forumite
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    Whilst "asking nicely" doesn't seem a good option, you need to consider the alternative. If you want the garage to accept responsibility (assuming it doesn't confess that the trainee was drag racing it down the nearest dual carriage way!) you will need to prove (not suggest) that they've done something wrong in the process. That will most likely involve you paying for an expert independent motor engineer to examine the car and report that the likely cause of failure was what happened in the MOT testing not a pre-existing weakness in a component etc. I suspect proving that will be very hard - looking at say a snapped cam belt isn't easily going to say whether that snap was due to a one off testing procedure or a manufacturing flaw that has gone un-noticed up to now but cause premature failure or just wear and tear due to the driving methods used. You could easily end up spending more than the cost of a repair on that report only to find it doesn't help you.


    I'd start with a charm/sob story approach - the fact that the garage is wanting to discuss things hints that they might just be willing to be helpful and sympathetic rather than just pushing the smoking wreck outside and saying "tough". See where that gets you before starting being too assertive about rights etc. A decent person running a garage will not want an unhappy customer even if the problem wasn't really their fault - and I suspect they don't like seeing cars "blow up" on their watch either.
    Adventure before Dementia!
  • Inner_Zone
    Inner_Zone Posts: 2,853 Forumite
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    Most if not all MOT test stations should have signs up in the test area and customer waiting area if there is one, advising of the possibility of this type of issue when testing.
  • welfayre
    welfayre Posts: 182 Forumite
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    Few scenarios I could see happening.

    Scenario 1.
    Your friend hasn't been checking their levels regularly and the oil level has dropped. Friend then presents car for Service and MOT, garage decide to do MOT first and engine blows during the test /driving into the garage = not the garages fault.

    Scenario 2.
    Engine was on it's way out anyway and it just happened to have blown when the garage have had it = not the garages fault

    Scenario 3.
    Garage carry our service first and forget to put in oil/put to little oil in/don't recheck oil level after service. Garage then carry out MOT/road test and engine blows = garages fault.

    How you figure out/prove which it is I don't know.
  • Nodding_Donkey
    Nodding_Donkey Posts: 2,738 Forumite
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    Until you find out what the fault is anyone on here can only guess.
  • motorguy
    motorguy Posts: 22,473 Forumite
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    sartois wrote: »
    Thanks for your response. Just a few more details although from the sounds of things its not going to make a lot of difference.

    So her car is a Fiat 500, 8 years old and has done 55,000 miles, full service history, no warning lights or anything.

    She basically took a working car in excellent condition (as far as I can tell) to the garage for a service and MOT and now the engine has (from the sounds of it) blown, and there is nothing she can do apart from ask nicely? Ouch.

    Timing belt may have snapped.

    Was the timing belt changed in accordance with manufacturers schedule?
  • Joe_Horner
    Joe_Horner Posts: 4,895 Forumite
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    If it's a diesel then the DVSA guidance is that the garage should check service history with the presenter before stating the test - particulsrly regarding cam belt changes. At 8 years old the car is probably overdue a new belt regardless of mileage unless it's already been done.

    If she was asked and said it was ok then there's mot much comeback because the test had to be carried out. If she wasn't asked then she may have some leverage.
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