Garage ruined engine when car took in for MOT

System

Chrysalis wrote: »

So just to clarify are you saying if a person does something wrong in their car prior to a MOT test, that make's the garage immune to liability for damage caused whilst the car is in their care, I just want this clarified please.

It is your legal responsibility to have a car you use on the road capable of meeting MOT standards at all times. It is your responsibility to present a car for MOT fit for test. So yes, if the damage happens as part of the test procedure then they are immune to liability. If they damage it otherwise, such as hitting something as they're moving the vehicle, leaving loads of grease or oil on the seats from their overalls etc then they're liable for that. But for an engine which grenades itself during the test, no.

Chrysalis

Tarambor I am not asking about the driver liability.

It really is a very simple question.

If a car engine blows up during a MOT test, is the garage liable if the driver has not serviced the oil prior to the visit but the oil light was on meaning the mechanics could see a problem before the test.

Yes or no

reread your post so your answer is yes

So yes, if the damage happens as part of the test procedure then they are immune to liability

Wow, I need to become a mechanic, what a line of work where I can be incompetent and not be liable

Sorry but you are saying a driver not carrying out service allows a mechanic to be incompetent, sounds like it conflicts with trading standards. The true answer I expect is the garage will tell the driver that they will need to fix the oil first before doing an MOT. Instead of just ignoring it and waiting for something bad to happen. I know in the past my sister has took in her car for MOT's and she has told me the garage has fixed stuff to make it pass, rather than ignoring and proceeding.

I agree with you that if there is no warning light, and they check the service history is ok, and then it unexpectedly blows, fair enough. But in this case the oil light was on, so the mechanic would then be proceeding a test when the car has already failed the MOT anyway due to the oil regardless if emissions passes and also knowing it can blow the engine.

BeenThroughItAll

Chrysalis wrote: »

What kind of post is this?

The mechanic sector is easy to rip people off as people can be taken advantage off, but you appear to be claiming that people can easily teach themselves to be a mechanic, on top of other things in their life like their own job, sorry this is nonsense.

But of course you avoided my point about is it reasonable for a trained professional who knows about diesel runaways to start this test when the oil light is on?

I could e.g. say they did it with the knowledge if the engine blows they can make money from the work fixing it.

By the way I just rang a random garage and said my oil light is on, is it safe to drive it to them to examine the car, they said yes no problem.

So just to clarify are you saying if a person does something wrong in their car prior to a MOT test, that make's the garage immune to liability for damage caused whilst the car is in their care, I just want this clarified please.

As well as having a job working as a consultant, which regularly requires out of hours or weekend working in addition to the 9-5, I'm a qualified electrician. I'm also able to do plumbing, diagnose and repair complex vehicle faults on cars, light commercials, and motorcycles, weld, build walls, plaster, do carpentry, operate a CNC machine, lay carpets, tile walls, fit LPGA approved autogas conversions, and speak three languages.

It's entirely possible to learn more than one additional skill as well as having a job, you know.

Alongside being able to do those things, I'm even able to find time to have a life with hobbies, volunteering, and time at home with my wife.

Quite incredible, according to your argument.

arcon5

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?

£60 or there abouts is just the filing fee.
There's also a hearing fee.
The judge can also award certain costs to the defendant such as travel and wages.
Also they can counter the claim if they want the judge to consider awarding the amount they discounted on the basis the claimant rejected the offer of settlement and as an outstanding balance

arcon5

Should have just bought a complete block and dropped it in

Would have been a lot cheaper!!!!

AdrianC

Chrysalis wrote: »

What kind of post is this?

An utterly sensible one.

The mechanic sector is easy to rip people off as people can be taken advantage off, but you appear to be claiming that people can easily teach themselves to be a mechanic, on top of other things in their life like their own job, sorry this is nonsense.

Umm, no, what he said was that it's very easy to get your head around the basic concepts and likely problems.

But of course you avoided my point about is it reasonable for a trained professional who knows about diesel runaways to start this test when the oil light is on?

We don't know it was. We have chinese whispers which says it might have been.

Chrysalis

Nothing like a healthy debate

There is no malice in my posts, but good to see other points of view.

takman

Chrysalis wrote: »

The mechanic sector is easy to rip people off as people can be taken advantage off, but you appear to be claiming that people can easily teach themselves to be a mechanic, on top of other things in their life like their own job, sorry this is nonsense.

This is the exact attitude that causes people to be ripped off they use this as an excuse for a lack of knowledge and say it isn't their fault.

If you think you don't have time to learn how things work and new skills then just think about how much time you have spent browsing sites like this and watching TV everyday. All that time could be spent doing something productive and learning new skills.

A couple of months ago I finished work at 6pm and went home had my dinner then researched how to change the cambelt on my car. The next day I went out at 7pm with my head torch on and changed the cam belt. This saved me atleast £200 in Labour costs, much more worthwhile than watching TV and I knew it was done properly with a good quality belt and tensioners.
Learning skills are essential in life and will save you thousands of pounds a year.

arcon5

Well you don't KNOW it was done properly. You THINK it was done properly based on your limited knowledge.

takman

arcon5 wrote: »

Well you don't KNOW it was done properly. You THINK it was done properly based on your limited knowledge.

Using that logic no one can "know" anything was done properly they can only "think" it was done properly based on their knowledge.

But i'm confident enough to say i know it was done properly due to the amount of information i reviewed before i started. I have traveled over 3000 miles since it was done and the timing is definitely correct and the engine runs as expected. It was a fairly straight forward job overall and is pretty easy on that type of engine. The belt doesn't even have to drive the water pump (cog driven) which makes it even simpler.

People shouldn't think they have to take their car to a skilled mechanic for everything because a lot of jobs are fairly simple to do.