Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • Kesteral
    • By Kesteral 16th Sep 17, 6:49 PM
    • 4Posts
    • 0Thanks
    Kesteral
    Garage destroyed my engine
    • #1
    • 16th Sep 17, 6:49 PM
    Garage destroyed my engine 16th Sep 17 at 6:49 PM
    Hi,

    I need some advice on how I should handle this situation.

    I took my 2004 ford fiesta 1.6 ghia auto to a garage about four weeks ago as the head gasket had blown (verified by another garage). The garage said it would be £400 for the repairs so I went with it (not paying anything in advance), but unfortunately a few days later I got a call from the garage telling me that while trying to make the repairs, they had made a mistake and accidentally destroyed the engine.

    They said they would make amends by either finding a like for like car or a replacement engine. I said okay and in the mean time they provided me with a courtesy car, which is actually nicer and worth more than the car I took in for repairs.

    The garage called me and said they had spent a few weeks looking for a similar car or new engine but weren't able to find anything (they had some stories about garages sending them the wrong engine). They offered me two options as they wanted to settle this and get back a space on their forecourt (my car has been sitting there for weeks). The garage said they would either sell me the courtesy car for £500 or claim on their insurance and I'd get compensation for the value of the car.

    The garage said that the compensation would be £400 because it would be the value of the car in good condition (which is £800, although the car is not in good condition) minus the £400 for the work done on it. I wasn't sure if this was correct and said I didn't agree so he said I would have to raise this with his insurance company. Separately, after some negotiation, he said that he would sell the courtesy car to me for £250.

    So now I don't know whether to get him to claim on his insurance and give me compensation for the market value of the car or just buy the courtesy car for £250 as it's worth a bit more than my car in good condition anyway!

    Do insurance companies take into account the condition of the car when making a payout, before the garage damaged it? In which case it would be for my car with a broken head gasket? Or will they just pay the market value?

    One thing is obvious, that he doesn't want to claim on his insurance, but apart from that I'm not sure what to do or legally what my rights are. I've run a HPI check on the courtesy car and it's come back okay, it's got an MOT and in the three weeks I've been driving it I haven't seen any major problems.

    My main concern is ending up with no car and not enough money to buy a new one. Any advice would be greatly appreciated.
Page 1
    • unholyangel
    • By unholyangel 16th Sep 17, 7:04 PM
    • 11,279 Posts
    • 8,496 Thanks
    unholyangel
    • #2
    • 16th Sep 17, 7:04 PM
    • #2
    • 16th Sep 17, 7:04 PM
    The position of law would initially be to put you back into the same position you would have been in had the breach not happened - which would leave you with a car worth £800, but having to pay £400 for the repair.

    Only if that was impossible (putting you into the position - or as near as money would do it - you would have been in had the breach not happened) would the law look to put you back into the position you would have been in had you not entered the contract - which would be with a car with head gasket failure (and therefore not worth £800).

    Tbh, their offer seems fair all thing considered. They seem to be doing the decent thing and have held their hands up to making a mistake (many garages wouldn't). Perhaps ask them for a little extra to cover the costs of changing insurance over to the new car and perhaps VED also.
    Last edited by unholyangel; 16-09-2017 at 8:29 PM.
    Money doesn't solve poverty.....it creates it.
    • docmatt
    • By docmatt 16th Sep 17, 7:08 PM
    • 744 Posts
    • 368 Thanks
    docmatt
    • #3
    • 16th Sep 17, 7:08 PM
    • #3
    • 16th Sep 17, 7:08 PM
    Buy the courtesy car for £250.

    Garage seem honest people. Other garages would just say they found major extra work that needs doing.
    • Jackmydad
    • By Jackmydad 16th Sep 17, 7:12 PM
    • 512 Posts
    • 636 Thanks
    Jackmydad
    • #4
    • 16th Sep 17, 7:12 PM
    • #4
    • 16th Sep 17, 7:12 PM
    Buy the courtesy car for £250.

    Garage seem honest people. Other garages would just say they found major extra work that needs doing.
    Originally posted by docmatt
    That's what I'd do.
    In fact I'd take their arm off, assuming the car was OK. Save you a load of hassle, and it sounds as if you like the car.
    • Kesteral
    • By Kesteral 16th Sep 17, 7:22 PM
    • 4 Posts
    • 0 Thanks
    Kesteral
    • #5
    • 16th Sep 17, 7:22 PM
    • #5
    • 16th Sep 17, 7:22 PM
    Many thanks for the quick responses.

    My only concern with the courtesy car is that it's an old mercedes and it guzzles petrol. Plus any repairs to it would be expensive and there's a slight issue the remote locking, however it might be the best option.
    • debtdebt
    • By debtdebt 17th Sep 17, 1:58 AM
    • 276 Posts
    • 169 Thanks
    debtdebt
    • #6
    • 17th Sep 17, 1:58 AM
    • #6
    • 17th Sep 17, 1:58 AM
    I'm sure they'd take £200 for the courtesy vehicle to save any further hassle.
    • kaya
    • By kaya 17th Sep 17, 8:41 AM
    • 2,344 Posts
    • 2,724 Thanks
    kaya
    • #7
    • 17th Sep 17, 8:41 AM
    • #7
    • 17th Sep 17, 8:41 AM
    why on gods earth would you pay them or allow them to deduct £400 for "work done" to a car that they destroyed ? what exactly are they expecting to be paid for? they haven't fixed it have they? I would expect the full market value of the car without exception or a like for like replacement
    • Shaka_Zulu
    • By Shaka_Zulu 17th Sep 17, 8:45 AM
    • 972 Posts
    • 2,227 Thanks
    Shaka_Zulu
    • #8
    • 17th Sep 17, 8:45 AM
    • #8
    • 17th Sep 17, 8:45 AM
    why on gods earth would you pay them or allow them to deduct £400 for "work done" to a car that they destroyed ? what exactly are they expecting to be paid for? they haven't fixed it have they? I would expect the full market value of the car without exception or a like for like replacement
    Originally posted by kaya

    Because the car wasn't worth £800 with a blown gasket.

    I too think the garage seem to being very fair,
    ‘I’m not in favour of this new-age drippiness’ JRM
    • cjdavies
    • By cjdavies 17th Sep 17, 9:39 AM
    • 2,586 Posts
    • 2,530 Thanks
    cjdavies
    • #9
    • 17th Sep 17, 9:39 AM
    • #9
    • 17th Sep 17, 9:39 AM
    why on gods earth would you pay them or allow them to deduct £400 for "work done" to a car that they destroyed ? what exactly are they expecting to be paid for? they haven't fixed it have they? I would expect the full market value of the car without exception or a like for like replacement
    Originally posted by kaya
    Full market value with a blown head gasket?
    • roddydogs
    • By roddydogs 17th Sep 17, 11:22 AM
    • 5,909 Posts
    • 2,457 Thanks
    roddydogs
    ? Just how did they "destroy"the engine?
    • stator
    • By stator 17th Sep 17, 11:26 AM
    • 5,808 Posts
    • 3,812 Thanks
    stator
    £250 for a working car in OK condition ?
    If you don't take it, can I have it?
    Changing the world, one sarcastic comment at a time.
    • AdrianC
    • By AdrianC 17th Sep 17, 1:51 PM
    • 15,089 Posts
    • 13,411 Thanks
    AdrianC
    Insurance payouts pay the market value of the vehicle immediately prior to the incident.

    So, in this case, a 13yo Fiesta automatic, not in good condition, with a blown head gasket. That's really somewhere around scrap value. Anything above that is a win.

    The £250-and-keep-the-courtesy-car option seems to be a major league win.
    • Stoke
    • By Stoke 18th Sep 17, 12:43 PM
    • 1,838 Posts
    • 653 Thanks
    Stoke
    An old Merc for 250?? Buy it and I'll give you 350.
    • unholyangel
    • By unholyangel 18th Sep 17, 1:27 PM
    • 11,279 Posts
    • 8,496 Thanks
    unholyangel
    An old Merc for 250?? Buy it and I'll give you 350.
    Originally posted by Stoke
    Are you perhaps forgetting the value of the old car? In other words, if OP sold it to you for £350, that would be a significant loss to him.
    Money doesn't solve poverty.....it creates it.
    • AdrianC
    • By AdrianC 18th Sep 17, 1:30 PM
    • 15,089 Posts
    • 13,411 Thanks
    AdrianC
    An old Merc for 250?? Buy it and I'll give you 350.
    Originally posted by Stoke
    You can get as many scratty late 90s, early 00s A, C and E classes as you like for £250.

    Wouldn't surprise me at all if there was a decent choice of flat-roof-pub-landlord spec MLs, too.

    You might get your original outlay back from breaking for the few unshagged bits, I s'pose, if your time had no value.
    • Stoke
    • By Stoke 18th Sep 17, 5:02 PM
    • 1,838 Posts
    • 653 Thanks
    Stoke
    Are you perhaps forgetting the value of the old car? In other words, if OP sold it to you for £350, that would be a significant loss to him.
    Originally posted by unholyangel
    the old car had a blown head gasket.
    • unholyangel
    • By unholyangel 18th Sep 17, 5:34 PM
    • 11,279 Posts
    • 8,496 Thanks
    unholyangel
    the old car had a blown head gasket.
    Originally posted by Stoke
    Yes I know that - but the consideration OP would be paying for the Merc wouldn't just be the £250

    At present OP is owed damages by the garage - those damages would primarily be assessed as any reasonable losses the OP incurs as a result of the breach and would seek to put him into the position he would have been in (as near as money can) to how he would have been had the breach not happened. That would be with his old car in working condition.

    So his loss is the value of the vehicle in that scenario. In addition, he may also have to pay an admin fee to change/cancel his insurance early and may have to pay road tax for 2 vehicles for the same month, both expenses he wouldn't have incurred had the other party not been in breach.

    So the value of the mercedes I would expect to be around £900-1000 (providing OP gets the scrap value for the old car, if not then I'd expect the merc to be worth around £1100-1200).
    Money doesn't solve poverty.....it creates it.
    • DELLBOY
    • By DELLBOY 18th Sep 17, 6:11 PM
    • 112 Posts
    • 41 Thanks
    DELLBOY
    so a car with a blown head gasket went into a garage ,worth scrap money really ,and some people expect it to be worth £1100 really ?
    • DELLBOY
    • By DELLBOY 18th Sep 17, 6:25 PM
    • 112 Posts
    • 41 Thanks
    DELLBOY
    if thats what you think then go to trading standards who will advise and the garage will hand it over to their insurance
    • interstellaflyer
    • By interstellaflyer 18th Sep 17, 7:55 PM
    • 1,636 Posts
    • 954 Thanks
    interstellaflyer
    ? Just how did they "destroy"the engine?
    Originally posted by roddydogs
    Maybe the didn't fit the timing belt properly.
    I hate football and do wish people wouldn't keep talking about it like it's the most important thing in the world
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

589Posts Today

6,624Users online

Martin's Twitter
  • Today's Twitter poll: Do you agree with @TfL's decision not to reissue Uber's licence on grounds including falling to report serous crimes.

  • RT @thismorning: 'Sometimes the best gift is releasing somebody else from the obligation of having to give to you' says @MartinSLewis. Do y?

  • Shana tova umetuka - a sweet Jewish New Year to all celebrating. I won't be online the rest of t'week, as I take the time to be with family

  • Follow Martin