Garage ruined engine when car took in for MOT

sartois

Ok so the garage has come back with the final bill and what is their final offer. They are not claiming on their insurance and have come up with a 50/50 split of the costs.

So the garage have:
1. Replaced the glow plugs (£800).
2. Replaced the injectors (£200).
3. Carried out oil service
4. Changed the oil filter.
5. Carried out the MOT.
6. With parts and labour the total bill before VAT is £1500.

So the owner (against the advice of his site manager who says she should pay in full) has offered to go with 50/50 on this bill, charging £750 + VAT as his final offer on this.

My friend is not willing to budge on this and thinks the garage should pay more.

The problem I can't get past is that the garage did the emissions test when the oil light was on and have provided mixed statements about whether or not they tested the oil before hand. The damage to the engine (which is the bulk of the cost of repair) was caused when the emissions test was done, not while she was on the way to the garage less than a mile from her house.

Since neither party is willing to budge on their position her next option I believe is to 'pay under protest' and write that on the receipt when she collects her car, which would leave her the option to take it to court later on if she wishes to do so.

So based on the above.... does she actually have a case to take to court?

almillar

Both parties are clearly at fault here - 50/50 seems fair. If the engine didn't fail in their care, it was going to fail anyway. Looks like you want to put more than 50% of the blame on them, which isn't fair IMO. I think she should accept that offer.

sartois

almillar wrote: »

Both parties are clearly at fault here - 50/50 seems fair. If the engine didn't fail in their care, it was going to fail anyway. Looks like you want to put more than 50% of the blame on them, which isn't fair IMO. I think she should accept that offer.

I just don't know. For now I've told her to just pick up the car, pay the money and write 'paying under protest' on both copies of the invoices, then decide in a few days.

If it was me I think I would test it in the small claims court. It's only £60 to put the case before a judge who can then decide whether a professional who carried out a stress test on an engine with the oil light on which then caused £1000 of damage is more negligent than her.

jamiehelsinki

I'm not sure if the rules have changed now but I had a part time job in a MOT garage about 20 years ago.

The testers didn't need to be mechanics to test cars, only the owner was where I worked, the others had sat a test and done the relevant MOT course and exam.

It wasn't an every day thing but cars did blow up during the test an brake pipes popped.

Anyway this was about 95/96.

facade

Now it is running- get rid quick!! (and buy a petrol car, something that will run for many years without any servicing- Suzuki swift for example)

The runaway will not have done the engine much good, I'm surprised it burnt out the glowplugs and injector tips, I'd expect valve damage, or the timing to jump a tooth, but it is a Fiat... (Actually, I'd expect a rod out of the side, and a pool of oil underneath, like you see with the Renault 1.5DCIs that are "spares or repair")

Driving it on the extra thin oil mixed with diesel will have accelerated cylinder wear too, so I'd definitely get rid quick before it blows up again

Aylesbury_Duck

sartois wrote: »

Ok so the garage has come back with the final bill and what is their final offer. They are not claiming on their insurance and have come up with a 50/50 split of the costs.

So the garage have:
1. Replaced the glow plugs (£800).
2. Replaced the injectors (£200).
3. Carried out oil service
4. Changed the oil filter.
5. Carried out the MOT.
6. With parts and labour the total bill before VAT is £1500.

So the owner (against the advice of his site manager who says she should pay in full) has offered to go with 50/50 on this bill, charging £750 + VAT as his final offer on this.

My friend is not willing to budge on this and thinks the garage should pay more.

The problem I can't get past is that the garage did the emissions test when the oil light was on and have provided mixed statements about whether or not they tested the oil before hand. The damage to the engine (which is the bulk of the cost of repair) was caused when the emissions test was done, not while she was on the way to the garage less than a mile from her house.

Since neither party is willing to budge on their position her next option I believe is to 'pay under protest' and write that on the receipt when she collects her car, which would leave her the option to take it to court later on if she wishes to do so.

So based on the above.... does she actually have a case to take to court?

Hi sartois

I'd advise your friend to accept the offer. I think there's enough evidence that she was negligent in the care of her own car and that it was the root cause of the failure. The bolded bit of your post is simply untrue. The damage was done when she neglected to service the car according to schedule and drove it with warning lights on. Had the engine not failed during the test, it sounds as if it was likely to fail imminently, possibly putting her in a dangerous position. That said, the garage should have been more vigilant in its operation, so I think a 50:50 split is justified. She's saved hundreds of pounds in servicing costs by not looking after the car properly and unfortunately, she's now having to pay that out plus more to deal with the consequences.

By all means push further, but if the small claims court finds in the garage's favour, she's another £960 worse off.

Retrogamer

sartois wrote: »

So the garage have:
1. Replaced the glow plugs (£800).
2. Replaced the injectors (£200).
3. Carried out oil service
4. Changed the oil filter.
5. Carried out the MOT.
6. With parts and labour the total bill before VAT is £1500.

1. That doesn't sound right. Glow plugs are relatively cheap and easy to fit.
2. That doesn't sound right. Injectors are very expensive, even if used and reconditioned.

I'm confused with the rest. Is the £1500 the cost to put it all right again? Because a blown engine needs a lot more than that!

Or is that the cost, before the engine blown? I'm lost.

sartois

Aylesbury_Duck wrote: »

By all means push further, but if the small claims court finds in the garage's favour, she's another £960 worse off.

Have I got this completely wrong? I was under the impression that taking the garage to small claims court would at most be risking the £60 court fee. If a judge ruled in the garages favour then there wouldn't be anything to pay them... or would there?

sartois

Retrogamer wrote: »

1. That doesn't sound right. Glow plugs are relatively cheap and easy to fit.
2. That doesn't sound right. Injectors are very expensive, even if used and reconditioned.

I'm confused with the rest. Is the £1500 the cost to put it all right again? Because a blown engine needs a lot more than that!

Or is that the cost, before the engine blown? I'm lost.

I did write down exactly what he quoted, but possible he got them the wrong way around?

£1500 is the total cost, for the parts, labour, service and MOT (plus VAT on top). He said the engine is now perfectly fine and did say the work carried out and parts would be guaranteed for a year.

Aylesbury_Duck

sartois wrote: »

Have I got this completely wrong? I was under the impression that taking the garage to small claims court would at most be risking the £60 court fee. If a judge ruled in the garages favour then there wouldn't be anything to pay them... or would there?

Sorry, that's me jumping ahead. I thought that if she rejects the offer from the garage, the garage would probably contest any claim she makes, try to argue that they are not to blame at all and your friend would be liable for the whole bill. There will be posters more knowledgeable than me on the small claims process though, so await their advice.