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

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London
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  1. #1
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    Default Suffered CO Poisoning after dealer worked on exhaust system

    Hello,

    I currently drive a taxi and for the past couple of months the vehicle has been off the road multiple times due to a problem with the engine surging. The dealership were unable to correctly diagnose the problem until after doing some research of my own I suggested it may be the particulate filter - at which point they confirmed it was the particulate filter and agreed to change it under warranty.

    So yesterday the vehicle went into the service shop to have the filter replaced and last night I began my shift. 2 hours into my shift I noticed there was a strong smell of exhaust fumes in the car but initially ignored it thinking it was just from traffic outside. An hour later and I had a splitting headache and was feeling sick and shakey - so I took the car off the road and phoned my Dr.

    My Dr told me to go to the hospital and have blood tests to check the Carbon Monoxide and Oxygen levels in my blood. By this time my hands had gone scarlet and my arms were starting to show pink blemishes, I was feeling sick, throbbing headache, dizzy and generally unwell.

    The hospital first checked the CO levels in my lungs and stated the levels were higher than they should be so they put me on Oxygen for almost 2 hours to cleanse the CO out of my system.

    The car was taken back to the dealership this morning and they stated it was simply due to the pipes being new and there is no leak in the exhaust system. When I phoned them to discuss a legal claim they simply laughed and have promised to call me back.

    My thoughts now are to put a claim into small claims court for all earnings lost to date as a result of the vehicle not being roadworthy, loss of earnings for last night, travel costs to and from the hospital and damages for negligence which caused me to receive hospital treatment and cause my family very significant anxiety.

    Can anyone give me some feedback on whether or not this is a suitable course of action? I was also considering contacting the local press, trading standards, environmental health and possibly the police if the situation is able to be deemed as criminal negligence.

    I appreciate anyone's thoughts on this matter.

    Similar Threads:
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  2. #2
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    Default Re: Suffered CO Poisoning after dealer worked on exhaust system

    as you have proof of carbon monoxide poisoning, I would sue the ar*e off them.
    I would also report them to trading standards and the health and safety executive

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  3. #3
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    Default Re: Suffered CO Poisoning after dealer worked on exhaust system

    If you can prove they were negligent then yes you have a valid claim;
    ideally you would an independant report on the cars exhaust. I pressume from your post that no modifications have carried out since the incident and have you used it since with any problems?


  4. #4
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    Default Re: Suffered CO Poisoning after dealer worked on exhaust system

    Quote Originally Posted by raydetinu View Post
    If you can prove they were negligent then yes you have a valid claim;
    ideally you would an independant report on the cars exhaust. I pressume from your post that no modifications have carried out since the incident and have you used it since with any problems?
    I haven't used it since and the dealership looked at it this morning and said it was "stuff" burning off the new pipes. The other driver has not noticed any problems this afternoon so it could be that it was "stuff" burning off the new pipes, but the fact remains that I suffered CO poisoning as a result of whatever caused the problem.

    My thoughts are they should have run the engine in the service garage until any substances had been burnt off before giving us the vehicle back (especially given that it is a taxi so poses a public health risk as opposed to "just" a private owner). But they didn't, neither did they warn us there might be toxic fumes produced by the new pipes burning in.

    Paladine vs Abbey (2 Accounts)
    Steps Completed
    S.A.R. Sent on 31st October 2006
    S.A.R. Received 1st November 2006
    Letter received from Abbey saying statements and microfiche on the way Received 20th November 2006
    Received 14 copy statements for 1 account and 12 for another on 21st November 2006. Began prelim prep.
    Request for repayment of fees and schedule of charges sent on 27th July 2007.
    Next Action
    LBA going out on 10th August 2007

  5. #5
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    Default Re: Suffered CO Poisoning after dealer worked on exhaust system

    What stuff!!; plastic covering? if it was a health hazrd should of come a COSHH Health and safety sheet, for use and installation and warning about what happens when gets hot.
    Could also be the jointing compound?
    I suppose not a problem if tearing along at 70mph, but sat in idling traffic fumes build up?
    Garage should have h & S procedure/ risk assessment for this installation. Ask them if they have and what the toxic coating etc. is?


  6. #6
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    Default Re: Suffered CO Poisoning after dealer worked on exhaust system

    Can I what make and model vehicle are we talking about?


  7. #7
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    Default Re: Suffered CO Poisoning after dealer worked on exhaust system

    CO from a diesel is pretty small in comparison to petrol. I suppose it could be a petrol-engined taxi, but these are rather rare. Maybe the OP could return and clarify?


  8. #8
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    Default Re: Suffered CO Poisoning after dealer worked on exhaust system

    Quote Originally Posted by Paladine View Post
    I haven't used it since and the dealership looked at it this morning and said it was "stuff" burning off the new pipes. The other driver has not noticed any problems this afternoon so it could be that it was "stuff" burning off the new pipes, but the fact remains that I suffered CO poisoning as a result of whatever caused the problem.

    My thoughts are they should have run the engine in the service garage until any substances had been burnt off before giving us the vehicle back (especially given that it is a taxi so poses a public health risk as opposed to "just" a private owner). But they didn't, neither did they warn us there might be toxic fumes produced by the new pipes burning in.
    Hi im steve.
    iv read this tread and i am a mechanic and have been for 7 years and i never heard any thing so silly, there is no way in hell you could get that from you exhaust fumes even if the exhaust was missing the ratio of air compared with the amount of exhaust fumes that the car produces is in significant, its a diesel yea?? must be as it has a particle filter ok.

    a partical filter/A diesel particulate filter, sometimes called a DPF, is a device designed to remove diesel particulate matter or soot from the exhaust gas of a diesel engine. Wall-flow diesel particulate filters usually remove 85% or more of the soot, and can at times (heavily loaded condition) attain soot removal efficiencies of close to 100%. A diesel-powered vehicle equipped with functioning filter will emit no visible smoke from its exhaust pipe.

    If you think how much traffic you sit in every day driving around being a taxi driver you would take in more fumes by opening your window in a traffic jam.

    i can see your point your up set and fustrated that your car is not functioning correctly or as it should do so speak to the head office and ask them to get it sorted and would like a courtsey car in the mean time. Being as its not a stright forward problem bear in mind its not the garages fault its the manufacturer, Obviously its going to be a right pain as you vehicle is your livley hood but surley its better to have them on your side and not fighting against the company as i can tell you now you will get results in a much quicker and helpfuller way if you play ball and don't try any sue them.

    also a diesel will produce a very low co content as they run much richer than a petrol.


  9. #9
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    Default Re: Suffered CO Poisoning after dealer worked on exhaust system

    I think you meant that Diesels actually run with a leaner fuel/air ratio: there is no throttle. The combustion is much more complete and CO is very low compared to petrol engines.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE