New cars engine seizes up after dealership service.

atrixblue.-MFR-.

phill99 wrote: »

The minute you registered the vehicle in your name it became secondhand, so your argument on this point is a spurious one.

Legally they are required to put you in the same position as you were prior to the engine failure. They could therefore put in a second hand engine of a similar age/mileage.

They have done more than they need to you and have out their hands up to it. That's a lot better than many dealers would give, so don't kick the ar#e out of it.

they cant put in a second hand unit with simular mileage because a it would make op manufacturers waranty void even fitted by the franchise dealer as the SH engine status would be unknown.

phill99

atrixblue.-MFR-. wrote: »

they cant put in a second hand unit with simular mileage because a it would make op manufacturers waranty void even fitted by the franchise dealer as the SH engine status would be unknown.

I know where you are moving from but think you are getting to points mixed up.

In common law, the car owner only has to be put back into the same position as he was prior to the incident occurring. Therefore in common law, they could put a SH engine in and their legal obligations would be satisfied.

The issue of the warranty is slightly different. Because of this situation, a new engine would be needed. However, this is actually in excess of the common law position.

atrixblue.-MFR-.

phill99 wrote: »

I know where you are moving from but think you are getting to points mixed up.

In common law, the car owner only has to be put back into the same position as he was prior to the incident occurring. Therefore in common law, they could put a SH engine in and their legal obligations would be satisfied.

The issue of the warranty is slightly different. Because of this situation, a new engine would be needed. However, this is actually in excess of the common law position.

thats the sale of goods act. not common law when common law was written there were no cars, and horse and carriage and dirt tracks roads were still in use.

bigjl

I would suspect the garage will be claiming on their insurance, when I was in the trade we had a specific insurance to deal with such mistakes.

Though a main dealer may just decide to buy an engine direct from the manufacturer.

For a main dealer it is likely to be quicker and cheaper to buy a new engine aswell, rebuilding an engine that has been starved of oil is not the easiest or cheapest task and to be honest it is unlikely they would even be able to do it as that mind of expertise is getting rarer in all garages but even more so in the main dealer network where the diagnostic computer is very often relied upon.

I am not sure about the discussion stating that it is fair to out in a used same mileage engine.

That would never happen to a vehicle under warranty as others have stated.

The rebuild option is certainly possible but as I have said very unlikely.

I would expect the OP to be given use of a car and a brand new engine from the factory.

But not a new car.

The car will still be the same age and will have a new engine.

It is no more ominous than an engine replacement under warranty.

As far as I am aware every single Vauxhall mk2 Zafira in use in my old NHS Trust has had at least one new engine, some replaced with as low as 3k miles.

It isn't as rare an occurance as many may think, especially with the introduction of DPF's and also due to the problems with the oil pumps on 2.0 VAG diesel engines over that last 5/6 years.

smjxm09

The dealership is only partly responsible for the seized engine. If I was the dealer I would only offer 50% of the cost as you must have ignored the engine oil warning light. Did it not occur to you that you should have pulled over and switched the engine off? :eek:

divadee

I had a similar problem in 2004 in a week old brand new car. The garage had forgotten to do a bleed valve up properly. It was fine round town on very quick journeys but the first time we took it on the dual carriageway the temp shot up. We pulled over straight away but the damage was done.

Recovered to the garage who were very apologetic to us. New engine was ordered from fiat, they have us a courtesy car and gave us 2 years free servicing for our inconvenience. They offered £250 cash instead of servicing, but the servicing would of cost more than that so accepted the servicing.

I don't think your entitled to a new car, you are entitled to have the car put back to the condition it was before the incident. Try and negotiate some form of goodwill gesture for inconvenience.

I should also add make sure you change the engine number on your v5.

marlot

smjxm09 wrote: »

The dealership is only partly responsible for the seized engine. If I was the dealer I would only offer 50% of the cost as you must have ignored the engine oil warning light. Did it not occur to you that you should have pulled over and switched the engine off? :eek:

That's fine in the theoretical world, but when all the oil drops out the bottom suddenly there might not be very long between the oil light coming on and engine damage occurring - especially if travelling at speed.

My car doesn't even have an oil warning light! You're supposed to notice that the (fake) oil pressure gauge is reading zero!

neilmcl

smjxm09 wrote: »

The dealership is only partly responsible for the seized engine. If I was the dealer I would only offer 50% of the cost as you must have ignored the engine oil warning light. Did it not occur to you that you should have pulled over and switched the engine off? :eek:

The sump plug falling out is pretty catastrophic and by the time you get a warning light the damage would already have been done.

molerat

smjxm09 wrote: »

The dealership is only partly responsible for the seized engine. If I was the dealer I would only offer 50% of the cost as you must have ignored the engine oil warning light. Did it not occur to you that you should have pulled over and switched the engine off? :eek:

Oil light flicking on and off when cornering and braking due to low oil level then yes but all the oil falling out of the bottom of the sump can lead to catastrophic failure in a matter of seconds. In a case like this in the time it takes for the brain to register that the light has come on will be enough to trash the engine. This is 100% the dealer's fault.

atrixblue.-MFR-.

smjxm09 wrote: »

The dealership is only partly responsible for the seized engine. If I was the dealer I would only offer 50% of the cost as you must have ignored the engine oil warning light. Did it not occur to you that you should have pulled over and switched the engine off? :eek:

nope the dealership is 100% responsable due to negligance, also responsable for not following the correct manufacturers proceedure during the oil change (i.e torque setting of the sump plug and also completely renewing the plug or its washer).

if you were dealer and i you customer i would see you in court.