Garage Damaged Car- Where do i stand?

jeec_2

I recently purchased a car, from a private dealer. In agreement with the price, the dealer would get the cambelt changed, and service etc.
3 Weeks after owning the car, I noticed an oil leak. I removed the bottom tray beneath the engine, to find that the opil sump had been dented / cracked. (slightly). There are scrated and evidence that a jack has been placed underneath. A friend of mine is a mechanic, and said as a short cut, then often jack the car up on teh sump to change the cambelt. Seen as the bottom tray is not damaged and sthe sump is, this proves that I havent hit the underside of the car.

My question is where do I stand? I rang the dealer, he tell sme to ring the garage. However surely its partly his problem because the work was contracted to him? I also rang the garage who are demanding to look at it. This is ok, however the garage is 2 hours drive away. Im owrried they may just say it wasnt there fault, therefore its a wasted journey.

Any advice? Thanks.

Premier_2

Did you have the used car independently inspected before you bought it?

What car is it that you need to support the engine to change the cambelt?

jeec_2

its an audi a3, no I didnt not have it independantly inspected. It was fully serviced as well, the day before i bought it.

Wig

Legally your contract is with the dealer, it is his problem. In the civil courts the level of evidence is based on the balance of probabilities, and so in a small claims case..... given evidence of the cracked sump being cracked by a jack (with "witness marks" being evidenced and photographed on the underside of the sump) this being 3 weeks after the car was sold to you with the proviso that the car was serviced by a garage before being collected by you, a judge is most likely to rule in your favour and award you damages
(IMHO, IANAL)

You should in the first instance deal with the dealer, and say that you are happy to take the car wherever he wants you to, but the cost of petrol and time (if appropriate) will be added to the costs that you will expect him to repay you, when the garage agree that it was their jack which caused the damage.

Take photos of the damage now, and don't let them clean the sump with a cloth, because there may be marks there which could be wiped away.

Suggest to the dealer, that you take it to a reputable local service agent, who can inspect the vehicle, and if the damage is done by a jack, there really is only one explanation, and that being the case, he can pay to have it repaired, without the need for you making a long expensive journey.

vaio

Spot on Wig

jeec_2

Thanks a lot for your help. I have rang the dealer, and he says that I need to speak to the garage. Due to the fact they will not do obliged to do anything without inspecting the sump.
However after talking to the garage they have offerd me a courtesy car, and will inspect it Monday, however i hope they do not just say its not their fault, otherwise not sure where i go from there?

vaio

Read wig's post, it's down to the dealer, he sold you a car with a damaged sump so he's got to fix it.

You shouldn't be taking cars back to the garage but as you've agreed to make sure you have photo and witness evidence of the damage before you do.

harveybobbles

If were doing a job like a cambelt, we sometimes gently support the engine using the beam jack if it's on the two poster ramp. This is JUST to take the weight and/or to lift the engine an extra milimeter or so.

You should never [STRIKE]fully[/STRIKE] jack a car up on it's sump! There are always jacking points to use or the subframe to use.

If they have done a service/cambelt as agreed prior to collection then it is quite clear they have damaged the sump if, as you say the undertray is in tact.

Tell the garage that you will have an inspection done locally by perhaps the AA/RAC or local Council run MOT place to verify the sump damage and no damage to the undertray. Get them to write it down and post it recorded with some piccies.

A point to add is, yes you may be 2 hours away from the dealer, but at the end of the day you CHOSE to go to that dealer, he didnt force you to buy from him. So you should be expected to return the car to them to inspect to keep to your side of the deal.

jeec_2

Thanks a lot for all your help. Its very much appreciated. I willbe taking the car up on Monday, hopefully they will agree to repair it, and all will be well.

If they offer to araldite it or weld it, should i accept this? Or should i demand a replacement?

harveybobbles

Get them to replace the sump. If this means a 2nd hand one then fine.

jeec_2

Just an update, I have returned the car to the garage, they have accepted the blame, and have replaced the sump. Im going to pick it up tommorow. :-)

Easier than i thought, good service. Another question though - IS there any way i can re-coup costs from the dealer? The costs i have receipts for include

Severn Bridge fare * 2 = £10.80
Engine oil (mine was leaking) = £40
Car insurance on courtesy car = £20
Total fuel for returning car £70

As someone mentioned, it was my choice to purchase the car from such a distance, therefore if I have no right to re claiming these costs from garage or dealer, I will take no further action. I have spoke to the aa, and they say providing you pay a list price for a car, then it should stand to value, and be of good working order for 6 months.

Any advice? Thanks again.