Faulty cam belt on working Taxi

Maidentaxis123

Hi.  I had my cam belt changed at a garage.  They provided parts.  8 days after it was changed,  the brand new tensioner sheared off and wrecked most of the engine.  This is a working taxi.  Only myself and my husband in the business and we have one car each.  The vehicle has now been off the road for 13 weeks.  The cost to rent a taxi exceeds a loss of earnings claim.  The parts company have admitted fault and are paying for the repairs.  Will I have a claim for loss of earnings as well.

Aylesbury_Duck

Maidentaxis123 said:

Hi.  I had my cam belt changed at a garage.  They provided parts.  8 days after it was changed,  the brand new tensioner sheared off and wrecked most of the engine.  This is a working taxi.  Only myself and my husband in the business and we have one car each.  The vehicle has now been off the road for 13 weeks.  The cost to rent a taxi exceeds a loss of earnings claim.  The parts company have admitted fault and are paying for the repairs.  Will I have a claim for loss of earnings as well.

It depends on your contract with the garage.  You don't have consumer rights because it's a business contract.  You presumably have some sort of legal advisor or legal cover on the business insurance?  I'd ask them what your rights are and what you are able to claim.

No business continuity insurance or similar, for these types of scenarios?

powerful_Rogue

What do the T&C's say in regards to the part your purchased? You're rights will be different as you're a business and not a consumer.

Okell

Maidentaxis123 said:

Hi.  I had my cam belt changed at a garage.  They provided parts.  8 days after it was changed,  the brand new tensioner sheared off and wrecked most of the engine.  This is a working taxi.  Only myself and my husband in the business and we have one car each.  The vehicle has now been off the road for 13 weeks.  The cost to rent a taxi exceeds a loss of earnings claim.  The parts company have admitted fault and are paying for the repairs.  Will I have a claim for loss of earnings as well.

Bit highlighted in bold.

You say this is a working taxi.  Was it being used solely for business purposes?  If it was used only for business then I believe the law might be that you can only sue for loss of profit while the vehicle was off road and not for the cost of hiring a replacement taxi.

If you think about it, that makes sense as all you are losing while it's off road is the profit it would otherwise be earning, so you don't actually need a replacement taxi.

(Of course nothing is as straightforward as the above might make it seem.  There are exceptions to the general rule which is discussed in the following links:  The Implications of Humayum Hussain v Eui Ltd (thebarristergroup.co.uk); Hussain v EUI Ltd | [2019] EWHC 2647 (QB) | England and Wales High Court (Queen's Bench Division) | Judgment | Law | CaseMine )