Car dealership servicing negligence caused brake failure 14 November 2022 at 8:07PM in Consumer rights 12 replies 520 views

LRD1984

Last week I took my car into a main dealership for its routine servicing. The following day while driving my brakes failed which was followed my a loud bang. Despite driving on a busy ‘A’ road I successfully managed to stop the car without causing an accident.

Unsure as to what had happened I called the dealership who advised that they had spotted no issues with the brakes and I should call out breakdown services. 

The AA arrived and upon their inspection found a spanner still attached to a wheel. The other end of the spanner was pushing against the flexi pipes ensuring no brake fluid was feeding into the brakes resulting in the brake failure. The loud bang was the spanner snapping in half, which shows how much pressure was being used.

The AA provided a detailed report of what had happened and photographic evidence of the negligence.

I obviously reported this to the garage who were very sympathetic and took the car back in for a full check over and offered to refund the cost of the original service. However, five minutes prior to the brakes failing I was dropping my young children off at school and can’t help but think what could have happened if the brakes failed there instead.

Since rejecting the garages initial offer of compensation they have now asked what I want as compensation and I was looking for some advice as what I should be entitled too. I feel very fortunate that no damage or injury was caused but the garages negligence could have been catastrophic. Should I be looking for an extended service plan/warranty or should I pursue this further in terms of financial compensation.  

Any advice would be welcome 

visidigi

LRD1984 said:

Last week I took my car into a main dealership for its routine servicing. The following day while driving my brakes failed which was followed my a loud bang. Despite driving on a busy ‘A’ road I successfully managed to stop the car without causing an accident.

Unsure as to what had happened I called the dealership who advised that they had spotted no issues with the brakes and I should call out breakdown services. 

The AA arrived and upon their inspection found a spanner still attached to a wheel. The other end of the spanner was pushing against the flexi pipes ensuring no brake fluid was feeding into the brakes resulting in the brake failure. The loud bang was the spanner snapping in half, which shows how much pressure was being used.

The AA provided a detailed report of what had happened and photographic evidence of the negligence.

I obviously reported this to the garage who were very sympathetic and took the car back in for a full check over and offered to refund the cost of the original service. However, five minutes prior to the brakes failing I was dropping my young children off at school and can’t help but think what could have happened if the brakes failed there instead.

Since rejecting the garages initial offer of compensation they have now asked what I want as compensation and I was looking for some advice as what I should be entitled too. I feel very fortunate that no damage or injury was caused but the garages negligence could have been catastrophic. Should I be looking for an extended service plan/warranty or should I pursue this further in terms of financial compensation.  

Any advice would be welcome 

What loss have you suffered?

No 'coulda, woulda, shoulda' type scenarios will apply but actual losses.

I would be asking for the servicing costs back, a report that confirms that all four wheels are fit, functional and aligned. 

At best, replacement pads and discs fitted to the vehicle. That, in parts, costs them little, but gives you something and puts you in a better position than the mistake (would also ensure that you shouldn't need to call the AA out again...)

DailyHail

Agree with the above poster that you should remove the ‘what ifs’ from your head in relation to compensation.

Hypothetical situations are going to be considered in your arguments.

flashg67

Although it's scary to dwell on what might have happened, you can only be compensated for what actually happened. Their offer seems reasonable, but I'd be tempted to also ask for another garage/dealer/independent company to check over the car & report at their cost.

MalMonroe

You said "they have now asked what I want as compensation" - so I would tell them exactly what you want and pursue it to the limit. Compensation for the shock, worry and panic you must have felt when the spanner broke - and for their total and utter incompetence - as well as their totally blasé attitude when you phoned them originally.  As you said, it could have been catastrophic. Thank goodness it wasn't but it's scary to think that a main dealership is allowing staff to perhaps become so overworked that they make silly but serious mistakes that could cost someone their life. 

I'd ask for the maximum I felt would cover the stress I'd been put under because of them, as well as the refund. See what they say. They seem to have thrown open the door for you. And whatever you ask for, they can afford it. I'm not sure I'd want any extended plans or warranties with that particular dealership after what happened, tbh.

DanDare999

MalMonroe said:

You said "they have now asked what I want as compensation" - so I would tell them exactly what you want and pursue it to the limit. Compensation for the shock, worry and panic you must have felt when the spanner broke - and for their total and utter incompetence - as well as their totally blasé attitude when you phoned them originally.  As you said, it could have been catastrophic. Thank goodness it wasn't but it's scary to think that a main dealership is allowing staff to perhaps become so overworked that they make silly but serious mistakes that could cost someone their life. 

I'd ask for the maximum I felt would cover the stress I'd been put under because of them, as well as the refund. See what they say. They seem to have thrown open the door for you. And whatever you ask for, they can afford it. I'm not sure I'd want any extended plans or warranties with that particular dealership after what happened, tbh.

How do you quantify that?

LRD1984

Thank you for your comments. The dealership have asked what I am looking for as compensation they are waiting for a figure and this is where I am looking for advice. To be honest I agree with the latest comment there’s no way I want any additional services etc from that dealership.

LRD1984

Quantifying that is the issue, I’ve lost trust in the car even though I know they’ve made sure it’s been thoroughly checked over.

Aylesbury_Duck

MalMonroe said:

You said "they have now asked what I want as compensation" - so I would tell them exactly what you want and pursue it to the limit. Compensation for the shock, worry and panic you must have felt when the spanner broke - and for their total and utter incompetence - as well as their totally blasé attitude when you phoned them originally.  As you said, it could have been catastrophic. Thank goodness it wasn't but it's scary to think that a main dealership is allowing staff to perhaps become so overworked that they make silly but serious mistakes that could cost someone their life. 

I'd ask for the maximum I felt would cover the stress I'd been put under because of them, as well as the refund. See what they say. They seem to have thrown open the door for you. And whatever you ask for, they can afford it. I'm not sure I'd want any extended plans or warranties with that particular dealership after what happened, tbh.

I'm afraid this is a totally silly and disproportionate stance.

OP, stick to the facts and what DID happen, not what might have happened.

Mind you, from your description, I suspect that had the brakes failed whilst dropping children off at school, you would have coasted/handbraked to a halt from a lesser speed than you were doing on a busy A road.

It's a while since I worked on my own car, but aren't there two brake fluid circuits on a car, precisely to provide redundancy for eventualities such as this?   It's a bit worrying that one pinched brake line caused total brake failure.

Aylesbury_Duck

LRD1984 said:

Thank you for your comments. The dealership have asked what I am looking for as compensation they are waiting for a figure and this is where I am looking for advice. To be honest I agree with the latest comment there’s no way I want any additional services etc from that dealership.

In which case, you might only get the service cost refunded.  You're not entitled to anything else, and if they can't retain you as a customer anyway, why would they pay any more than they're obliged to?

Aylesbury_Duck

LRD1984 said:

Quantifying that is the issue, I’ve lost trust in the car even though I know they’ve made sure it’s been thoroughly checked over.

Surely you're not proposing they replace the car?!

Get it checked over by a recommended independent garage, and pass any cost onto the dealer.