Compensation for Inconvenience

Savvy297

Following a service on my car the diesel fuel supply line suddenly detached as I was driving. It had not been replaced properly during the service. This is accepted by the garage (eventually after intervention by the DVSA) . The incident resulted in a large quantity of diesel fuel spilling onto my block paved drive and the nearby public highway. This caused damage to the drive and road. I had to arrange breakdown recovery and I had to sand the road over a large area for safety reasons. Over the next three months I had to arrange and supervise workmen trying to clean the drive together with numerous phone calls and e-mails to specialist contractors, the garage in question, their customer services department, the Driver and Vehicle Standards Agency and many others. One attempt to clean the drive resulted in me having to re-sand the drive myself using sand left by the contractor which took several days to complete.
 The fuel leak also created a potential explosive diesel vapour hazard hence the involvement  the DVSA. In other words, I did a lot of work to resolve this at a lot inconvenience to me,  which was wholly caused by the negligence of the garage.  The garage replaced the lost fuel and paid for the contractors.  Can I claim compensation from the garage in recognition of this work I have done for them?   

JHW1942

Savvy297 said:

Following a service on my car the diesel fuel supply line suddenly detached as I was driving. It had not been replaced properly during the service. This is accepted by the garage (eventually after intervention by the DVSA) . The incident resulted in a large quantity of diesel fuel spilling onto my block paved drive and the nearby public highway. This caused damage to the drive and road. I had to arrange breakdown recovery and I had to sand the road over a large area for safety reasons. Over the next three months I had to arrange and supervise workmen trying to clean the drive together with numerous phone calls and e-mails to specialist contractors, the garage in question, their customer services department, the Driver and Vehicle Standards Agency and many others. One attempt to clean the drive resulted in me having to re-sand the drive myself using sand left by the contractor which took several days to complete.
 The fuel leak also created a potential explosive diesel vapour hazard hence the involvement  the DVSA. In other words, I did a lot of work to resolve this at a lot inconvenience to me,  which was wholly caused by the negligence of the garage.  The garage replaced the lost fuel and paid for the contractors.  Can I claim compensation from the garage in recognition of this work I have done for them?   

In short, you can claim what you like from whom you like, but if they resist and you end up in small claims action, you will need to provide evidence for your actual losses.  If all actual costs have been covered already and you're after something for the inconvenience, you're looking at a goodwill payment which is quite difficult to quantify.  

From what you've described, I see no reason for compensation in the strictest sense, but I would be approaching the garage to see if they'd make a goodwill gesture, e.g. a free service and/or MOT.

Bradden

I'm sure yuou can claim whatever you want.. whether you are succesful is another matter :-)

Sandtree

Compensation in the UK is based on financial loss, we don't have the concept of punitive (or punishing) damages. In general the courts accept that life happens and inconvenience which didn't cause financial loss isnt overly well compensated for. 

Why did you have to re-sand after the cleaning attempt? That sounds like an issue you had with the cleaning company and therefore probably too remote to be claimable... in the same way if you use your compensation to fix a car after an accident and the garage bodge the job you cannot sure the other driver a second time for the garage's mistake.

At the end of the day have a conversation with them. Any court award would likely to be token but the garage may give you a goodwill gesture or a free service or something