Garage deliberately didn't warn of safety problem - crashed next day

[mlewis1]

Last week my girlfriend took her car into the garage for a minor fault. On Friday they quoted a large amount for the repair, so she decided not to have it done (which apparently annoyed the garage).

 

The next morning, as she was pulling onto the motorway, the bonnet flew open. Miraculously no-one was hurt, but the car's a write-off.

 

She went to the garage again this morning. They told her that they had noticed a safety-catch on the bonnet was missing, but they "weren't minded" to tell her because she'd rejected their quote.

 

Any advice on what the options are in a situation like this? They're clearly complete bastards to risk a really nasty accident over something so petty, but is this illegal? Unfortunately I'm out of the country on work at the moment, so I haven't been able to go and talk to them myself yet.

 

Thanks!

[BankFodder]

I think that she needs to write a detailed note of what happened incuding the entire conversation while it is all fresh in her mind.

 

Write the garage a letter of compaint and lay out exactly what happened including the conversation and identifying or at least describing the person who made the statement. Threaten to sue.

Of course they will deny the conversation but if you want to do anything about it you will have to be prepared to court action. If you areb't prepared to do this then you should robably give up now.

[mlewis1]

Thanks a lot for the advice. I'm totally prepared to go to court about this. If suing, would we only be able to sue for the damage to the car, or is it possible to take them to court for allowing what could easily have been a very nasty accident (which is more what I'm angry about)?

[oddjobbob]

Well OP you can try... but all they're going to do is either deny that they saw the problem or say that had you booked the car in with them they would have advised it when had they seen it... I personally think you're on very sticky ground here, and to win (or lose) in court could take you several years, alot of money and a whole load of heartache.

 

What does seem slightly odd is why the bonnet decided to come loose only AFTER they'd looked at the car and failed to get the job. Are you sure they actually shut it properly? Moreso than that can you be sure YOU didn't open the bonnet afterwards and fail to close it properly?

 

There are too many blind avenues to go down to give you any sort of hope at all, and although it may sound a bit harsh and is NOT something I'd do, why should they tell you of a problem if you're not giving them any work? Your car's safety is your responsibility and not theirs.

 

Personally I'd have told you of the problem whether getting the job or not, they obviously saw it differently.

 

But I still think you're better off cooling down and putting it down to experience, as I really don't think they are liable.

 

Sorry if its not what you want to hear!

[scaniaman]

Two things to consider:- Firstly, may i suggest you go to a "Friendly" garage or perhaps TS and ask the question about safety related items. I seem to remember reading somewhere that a garage can refuse to allow you to take a vehicle away if it is unroadworthy. Don't know if bonnet catch would be in this category .

Secondly, if you are absolutely sure of your ground, contact garage and see what they say---if they get obnoxious then name and shame!!!!

[jimjim5]

I took my car to a main dealer, there was a fault that could potentially be dangerous. They could not legally let me drive away. We always use them so as I couldn't afford to fix it till end of month. They fixed it and let me pay for it then.

 

They were quiet clear that they had a legal responsibility to retain the car if it could be potentially dangerous

[traffer]

What is the make and model of the vehicle? IIRC both Alfa and Renault have had recalls due to bonnet safety catches suffering form corrosion

[my-spirit-soars-free]

I think there could be a problem with this - a garage certainly owes a duty of care to its customers. Does it also owe a duty of care to members of the public?

 

If I go to see a GP with a cancerous skin lesion on my forehead, I would expect her to pick it up, even if I went about my bunions, and I would be entitled to treatment/warnings. If I meet a doctor socially, with the same cancerous lesion on my head, he does not have to tell me.

[oddjobbob]

to my-spirit... but only if your doctor actually spotted it as an aside to your bunions!