Car engine failure: warranty claim rejected

smokieUK

I have a '57 car, not yet 2.5 years old. It now has 32k miles. It's irrelevant why, and I already fully understand the effect on warranty, but the first service was done at 11k miles and the next service not until 19k miles later (should be 12k) so I haven't kept my side of the warranty deal. Please spare me the lectures over that aspect! :-)

The engine is making a noise which the dealer says is the bottom end failing, and recommends a new engine at a shade over £6k.

All my research point to bottom end failure being usually due to lack of oil, or oil circulation, or bad engineering. To properly confirm what the dealer suspects would entail a strip down of the engine at a cost in excess of £1k.

Given that the recent service was carried out at a main dealer, and no lack of oil or any other problem or noise was reported, and the car has no warning lights or any other indication of problem, I am doubtful that the late service has any bearing on the issue.

So I am inclined to initiate a legal process saying the car was not fit for purpose, as I cannot get the manufacturer or dealer to think of anything other than the warranty is voided.

Are there any experts around who can advise whether they think this would be successful, as it will obviously involve not inconsiderable cost.



Lastly, as above, please, no lectures about it's my own fault - I've had enough of them...:(

Hintza

Do you think you would win the case? I have my doubts on the limited information you have given.

First off I wouyld take it and get a second opinion. Dependinding on what was said but assuming a new engine was required I would be looking for s second hand engine.

Who are you going to pay for a full written report on the condition of the engine? I suspect that will cost you a lot of money.

Just get it fixed as cost effictively as possible.

(Tried not to lecture........:))

smokieUK

Thanks. My next door neighbour is a mechanic and he said he agrees with the other opinion. I would have to have the Main Dealer carry out the written report otherwise the manufacturer would not take notice of it.

Due to the engine being a relatively new design there are not any recon engines around. And the engine is pretty much built as a disposable which means that stripping down and rebuilding is most likely not an option.

Hintza

You have breached their warranty terms (and I imagine by what you say others have told you the same) and are really stuffed.

Even if you could prove a defect you might not be guranteed to win and I suspect your claim might be too big for small claims so that is going to cost you.

So you are going to have:-

Initial strip down and report from dealer.
Probably a written report from elswhere (eg AA) if you disagree with dealer.
Legal Fees.
Possibility of losing and having to pay other sides legal fees if you are deemed at fault.
Even if you win any pay out could be reduced because of breach of warranty.

We recently had an engine replaced under insurance cover £13K....:eek:

What car is it? Go and start trawling the Copart (and other breakers/salvage yards) website/ebay etc

smokieUK

OK, thanks - although I am specifically interested in the process and likely success of a claim NOT under warranty, as per the original post.


Would a Fit for Purpose claim be against the manufacturer or the retailer?

4743hudsonj

You do have rights under soga but it is up to you to prove it was a manufacturing fault which entails a strip down and report by a professional at your own cost.

TBH its most likely going to be oil, you mention you last service was 19K, your now on over 30K. Thats more than enough to cause catastrophic engine failure if you dont monitor your oil yourself. (this should be done monthly or 1K miles). So Dont dismiss it as not your fault as yet because unfortunately for you 99/100 times it will be "your" fault then again i may not be but the burden of proof is still on you to prove otherwise.

Hintza

4743hudsonj wrote: »

you mention you last service was 19K,

I read it as 19k LATER not at 19k. But in essence you make the point I was trying to make that the OP will have to prove it was a manufacturing fault which if you haven't followed the servicing schedule will be an uphill battle to fight a claim that the defendant could argue was vexatious and frivalous in light of lack of servicing.

4743hudsonj

Hintza wrote: »

I read it as 19k LATER not at 19k. But in essence you make the point I was trying to make that the OP will have to prove it was a manufacturing fault which if you haven't followed the servicing schedule will be an uphill battle to fight a claim that the defendant could argue was vexatious and frivalous in light of lack of servicing.

Cheers i miss read that. 2K is still enough to wreck an engine however. Lets say the head gasket went, op didnt notice (cant always tell without checking fluids), this could cause bottom end failure. HGF doesnt seem the cause as it hasnt been mentioned yet but it just shows how not checking the fluids could cause this sort of damage. Like i said, once a month or 1K miles (whichever is first) the oil should be checked. Otherwise your not looking after your vehicle properly.

But yes that aside they still have a massive decision to make.

moonrakerz

smokieUK wrote: »

I already fully understand the effect on warranty..................................I cannot get the manufacturer or dealer to think of anything other than the warranty is voided.
(

Sorry, but you have answered it yourself - you obviously don't FULLY understand !

smokieUK

No, Moonrakerz, that's why I'm asking. Anyway, I have said a number of times that I'm not working on the basis of a warranty claim. You obviously don't FULLY read! :-)

I do check the oil regularly, believe it or not.

And significantly the (late) service did not mention lack of oil, or any oil pump problem etc, which I have been told (by the dealer) that they would had it been so. There is also plenty of oil in it now.

The consensus seems to be that I need to prove the cause which will cost £1k +.

So, if I spend the money and manage to prove that it was not caused by oil shortage, have I thereby implicitly proven that the lateness of the service is not a material fact, and that the cause is an engineering failure? And does that not lead me neatly into unfit for purpose


Just an irrelevant aside, many cars using synthetic oils have a service interval of 20k. Synthetics have a much longer life than mineral oils as they do not break down the same.

pendulum

I thought many new cars used a special kind of "break in" oil which had to be changed at the first service. Running on this oil for longer than that could lead to engine problems. When was the first service due and how long did you miss it by?