Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Who is responsible?

    Nearly 3 weeks ago I was involved in a slight rear end shunt. (Someone ran into the back of me). Drove car home.
    Informed insurance who arranged collection to garage. They came and drove car to garage for assessment.

    Four days ago, garage rang to say 'the con rod has been put through the block and the engine has a hole in'. (Why did they wait 2 weeks to inform me of this?). I had no idea what that meant but now I understand its pretty MAJOR. Also, theres no way it could have been done at the time of the accident, as it could not have been driven.

    Garage are denying responsibility. Insurance are denying liability.
    Insurance want me to pay to have car transported to a different garage for assessment to engine and take it from there.

    Where do I stand? Please HELP?

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  2. #2
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    Default Re: Who is responsible?

    On what basis are insurance denying responsibility?

    7 years in retail customer service

    Expertise in letting and rental law for 6 years


    By trade - I'm an IT engineer working in the housing sector.

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  3. #3
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    Default Re: Who is responsible?

    Garage have told them its 'through wear and tear'.
    Original claim was for rear end damage which they will cover the cost of.


  4. #4
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    Default Re: Who is responsible?

    How old is the car, what make model, and mileage?

    Must admit, on first reading, sounds like wear and tear....

    7 years in retail customer service

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  5. #5
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    Default Re: Who is responsible?

    Honda accord exec. 2.2 TD 2004, approx. 110,000 miles


  6. #6
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    Default Re: Who is responsible?

    This is a tricky one.

    I completely understand your concern. It seems like a massive coincidence that the car has gone into the garage and completely wrecked the engine. However, the chances of the garage having caused the damage (and, incidentally, the initial crash having caused it) are extremely small.

    To my mind, it sounds like disastrously unluckiness, but probably is a mechanical failure not brought about by mechanic negligence.

    7 years in retail customer service

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  7. #7
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    Default Re: Who is responsible?

    Oh my goodness!!!!!!!!!!

    Thankyou for your help and prompt response.

    Incidentally, if I can't afford the repair bill, what will happen to my car?


  8. #8
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    Default Re: Who is responsible?

    Bear in mind I am not a mechanic - just giving my laymans view, so I would await further input

    Have they repaired the engine yet, I assume not?

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  9. #9
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    Default Re: Who is responsible?

    I disagree, about co -incidence; con rods just dont fail at low revs or speed; if car was delivered to garage and engine was ok at the time ( no knocking or noise ); the problem must of occured there by overreving or some other mis-use, very suspicious to me. have you done a check on the mileage, when handed to garage and since the damage. It has been known for garages to borrow customers cars! check where and when this happened out on the road or in the garage? If out on the road why and where were they driving it!


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    Default Re: Who is responsible?

    Unfortunately, I don't know the exact mileage. Their mechanic drove it to the garage, then 2 weeks later they phoned to tell me of this problem.


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    Default Re: Who is responsible?

    I would ask for a written report/statement from the garage, explaining the exact circumstances and location when/where this occured. Engines these days are pretty strong and 100k is not really that much.
    Depending on the report; you could get an engineers report on the engine to see what the probable cause was, abuse,faulty part or even normal wear and tear.
    suspicisous because con-rod would not break just moving a car around the yard.


  12. #12
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    Default Re: Who is responsible?

    Good idea that man

    7 years in retail customer service

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  13. #13
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    Default Re: Who is responsible?

    Just come off the phone to SAGA. They have agreed to send an independant assessor to the garage for a full report.

    Will keep you posted!


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    Default Re: Who is responsible?

    If the con-rods gone through the block I would say it's more than likely that the engine was out of oil.


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    Default Re: Who is responsible?

    Thats why you need a report, what were they doing with it to get it that hot or run for any length of time for this to occur! were there any warnings; low oil light, high temp on gauge, knocking etc, before bearing seized, if it was that!
    Could be a manufacturing fault, but why was it being put under stress?


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    Default Re: Who is responsible?

    every hole in the block i have ever seen has been caused by oil starvation, and in every instance it happened due to the engine being driven with no oil in it continuously, and all happened at fairly high revs,
    not the kind of slow speeds a car being driven around a bodyshop would do.


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    Default Re: Who is responsible?

    Spoke to Honda dealer who said 'highly unlikely' this could have been wear and tear or a fault, but to await the report.

    Vehicle has FSH with Honda and was in perfect working order.


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    Default Re: Who is responsible?

    Quote Originally Posted by riget View Post
    If the con-rods gone through the block I would say it's more than likely that the engine was out of oil.
    when engines run out of oil a loud knocking can be heard from the bearings, this can last a few hundred mile until they eventually go bang or sieze solid, most likely been over revved or just pure bad luck, as it happened in the garages posession when it went in for a bodywork assesment then they should be accountable.


  19. #19
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    Default Re: Who is responsible?

    Quote Originally Posted by jungle vip View Post
    when engines run out of oil a loud knocking can be heard from the bearings, this can last a few hundred mile until they eventually go bang or sieze solid, most likely been over revved or just pure bad luck, as it happened in the garages posession when it went in for a bodywork assesment then they should be accountable.
    A few hundred miles? Your joking a few hundred yards if your lucky.
    And what "goes bang"?
    The rod through the block.


  20. #20
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    Default Re: Who is responsible?

    Quote Originally Posted by riget View Post
    A few hundred miles? Your joking a few hundred yards if your lucky.
    And what "goes bang"?
    The rod through the block.
    have had many a car with big ends knocking for a couple of weeks, as i said a "few hundred miles"
    and yes result can cause rod through the block, but often there are plenty warning signs first. P.S Have been a mechanic for twenty years and now work on wrc rally cars, if that qualifies to make a judgment !



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