Car fire.

Dancingmonkey03

I’m looking for advised as I don’t know where to turn, seem like I am getting no where and need some advise.

I purchased a car on finance on the 26/5. On the 28/5 whilst driving the car smoke started coming from the engine and within minutes the whole car was up in flames and now a complete write off.

I refused the car under the consumer rights act 2015 as I was advised however things haven’t been simple.

My finance company requested an engineers report which I got from my insurer and send to them. The finance company responded to the email directing me back to my insurer because they now need a forensic report and said there is nothing they can do until I have this report.

my insurance company then advised me that they do not conduct the forensic report and have told me to go back to my finance company.

I decided to cut my losses and claim through the insurance as I am now without a car, whilst still paying for the finance and insurance for a car I do not have and with three young children I need a car.

The insurance company has advised me that they can’t proceed with my claim until they have a forensic report and have referred it back to my finance company who need to obtain one from the dealer.

they have told me that there is no time frame on this and it takes as long as it takes which could be weeks/months.

Does anyone has any advise on any other steps I can take next? Like I say I’m still paying for the car and insurance and me and my family are the ones suffering. I literally had the car for 48 hours.

Thank you.

eskbanker

Although the standard answer is that your consumer rights are with the business from whom you purchased, I suspect that, given that this is more about relative roles and responsibilities between dealer, motor insurance and finance companies (and potentially influenced by the exact nature of the finance), it may be more productive to post on the dedicated motoring board rather than the more generic consumer rights one?

https://forums.moneysavingexpert.com/categories/motoring

Okell

https://forums.moneysavingexpert.com/discussion/6673073/car-fire

"… I refused the car under the consumer rights act 2015 as I was advised however things haven’t been simple.,,"

Who advised you to reject the car? (NB You have to inform both the dealer and the finance provider - who are both jointly liable - that you are rejecting the car, not refusing it - did you do so?)

Did you reject the car within 30 days of taking delivery of it?

"… My finance company requested an engineers report which I got from my insurer and send to them. The finance company responded to the email directing me back to my insurer because they now need a forensic report and said there is nothing they can do until I have this report…"

What did the engineer's report say was the cause of the fire? Was it a fault with the car or did you cause the fire?

If you rejected within 30 days you need to prove the car was faulty.

If the engineer's report say the fire was caused by a fault in the car then that should be enought to get you a full refund within 14 days. I don't see why they need a forensic report unless the engineer's report is inconclusive as to the cause. What did it say was the cause?

Paradoxically if you rejected the car after 30 days but within 6 months it would have been up to the dealer and finance company to prove the car was not faulty rather than for you to prove it was

Okell

https://forums.moneysavingexpert.com/discussion/comment/82039751#Comment_82039751

I know what you mean but I'm not always sure about the standard of "consumer" advice given on the Motoring board…

mta999

I believe the finance company is jointly liable and probably easier to go after them than the dealer so if it were me I would put in a complaint at the finance company.

Just my thoughts

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/82039788#Comment_82039788

The same could be said about this board sometimes too!

But yes, there's an argument that this is a rare example where posting on multiple boards may help, given that OP has started an insurance claim…

Dancingmonkey03

Apologies, I rejected the car. I was advised to do this by a manager at the finance company. I sent the rejection to both the dealer and the finance company in writing like they asked for. I picked the car up on the 26/5, the car fire was on the 28/5 and the rejection was sent on the 29/5.

The engineers report said that the fire started in the engine bay but exact cause and origin is unknown due to the damage.

The finance company have said that the insurance are legally responsible for the forensic report however the insurance company have said that the finance company and dealership are responsible and we have to go through them.

A complaint has gone into the finance company but they have said until they have this report then there is nothing they can do.

I’m at a complete loss of where to turn next!

Grumpy_chap

I know this might sound like a daft question, but was the fire the result of a mechanical fault with the car?

What the root cause of the fire was does impact the consumer rights position.

Dancingmonkey03

That’s what they need to determine I imagine. The engineers report said that it couldn’t determine the cause and origin.

I was driving the car, just come off of a roundabout and all the power went and smoke started coming from the engine.

I took a video of where the smoke was coming from to show the garage and then within minutes the whole car was up in flames.

Brie

Sound like you had a lucky escape!

I'll move this over to motoring as suggested.

MattMattMattUK

I think you have hugely complicated this by trying to reject the car for something that you have no idea if it was an inherent fault.

Normally if you reported this to your insurer then they would handle everything for you, what have they actually said now you have spoken to them? How many days after the car caught fire did you tell your insurance company?