Consumer Rights - Faulty parts has caused damage to our driveway

eye4safety

Approx 2 weeks ago we had our car serviced at a local dealer. The car has since been leaking diesel onto our 10 month old driveway. We notified the dealer and they collected the car for examination. They have advised us that the fuel filter they replaced seems to have been faulty causing the diesel leak. The tarmac on our driveway has stains and the tarmac is damaged in places.
Please can you advise us what our rights are?
1) Do they have to pay for the driveway repairing?
2) Do they have to resurface the whole area, so it is all the same colour and as it was before, other wise it will look like a patchwork quilt
3) What do we need to do now?

Thank you

Penguin_

How did the diesel damage the driveway? I can understand it staining the driveway...

MarvinDay

Penguin_ said:

How did the diesel damage the driveway? I can understand it staining the driveway...

Tarmac (which is what the OP's driveway is made of) is simply a mixture of lots of small stones mixed up with a bonding agent which is heated up and poured onto a surface and which then hardens once cool.
Any sort of solvent put onto the Tarmac will cause the bonding agent to dissolve and the surface will start to break down.

Petrol isn't normally too much of a problem as due to its volatility it will evaporate quite quickly and not soak into the Tarmac. Diesel on the other hand will hang about far longer and will have the chance to soak in and thus cause damage  that can be well below the surface and not obvious until drive starts to sink or break up.

As to your question OP.
yes, as the garage were at fault then either they or their insurers should be liable for repairing any damage caused.

Here's a better explanation of what can happen:
https://movingon.blog.gov.uk/2020/03/09/diesel-spills/

eye4safety

The fuel filter they fitted, they advise was leaking and due to a fault and not the fitted of the item. 
 
- but do they only need to repair the damaged parts or make the driveway look as it was before the leak? i.e. all the same colour in one surface?

(Thanks for your help btw)

Aylesbury_Duck

As above, send a letter to the garage asking them to resolve it.  They may use their insurers.  A completely new driveway might be considerable betterment, so a patched repair may be reasonable.  As the driveway weathers and ages it will blend in anyway.

eye4safety

Thanks - but the driveway is only 10 months old and cuts outs and patch surely wouldnt be acceptable?

Aylesbury_Duck

eye4safety said:

Thanks - but the driveway is only 10 months old and cuts outs and patch surely wouldnt be acceptable?

It might not be acceptable to you, but it might be reasonable in terms of your rights.  Wait and see what the garage and/or their insurer says.

TELLIT01

When did you first notice staining on the driveway?  And did you continue to park on the driveway after noticing the problem?

eye4safety

Due to the dark nights, it was first noticed approx 10 days after the service. (car not used on weekends) as i use mine. it was reported to the garage straight away.

IvanOpinion

I can't remember the exact details but one of the neighbours had their driveway damaged, and all they got was a patch job.  The patch was done well but he wasn't happy about the colour difference.  In the end they 'painted' his driveway which means it is the same colour and the patch is barely noticeable. 

visidigi

Is diesel really going to be damaged in 10 days? Stains I get, but damage? Any sort of damage it would have would be superficial in that period and suitable for patching - otherwise this would indicate a issue with the 10 month old driveway IMO.