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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70207
Experience:  Over 5 years in practice
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Not sure if you can help with this . My car broke down and

Resolved Question:

Not sure if you can help with this . My car broke down and I had to call the AA. They sent a contractor. The oil light on my car had flashed and I had just put in 1 litre of oil and driven about 7 miles when the oil light flashed again and my engine made an awful noise. I stopped the car. When I opened the bonnet I saw oil in the bottom tray of the car - I called the AA.
The engineer put in 3 litres of oil and told me to start the engine and it did start - no noises. He told me to drive slowly to my garage which was about 4 miles away and he would follow. After about a mile the oil light flashed again and I stopped the car. The engineer told me he had seen a flash from my exhaust at that point. He then towed me to the garage. My garage mechanic later called me to say there was a hole in the side of the engine so the engine would have to be replaced. This was not financially viable as the car was 5 years old. My question is can I sue the AA for causing the extra damage to my car?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
In what way did he cause more damage?
Customer: replied 2 years ago.

Thank you Jo.

The engineer knew there was an oil leak. If the engine had seized before he told me to drive it, it would not have started.and run. The engine was therefore not damaged at that point. I am saying that the engine was not damaged before the engineer told me to drive the car and that the hole in the block was caused by driving the car. I think I need to get evidence that the engine would not have run with the hole in the block.

Expert:  Jo C. replied 2 years ago.
Yes, you need to prove that.
In principle, he owes you a duty of care and if he was negligent then he is liable for the damage caused.
The question is whether you can prove that he caused additional damage by telling you to drive rather than towing you.
Obviously he will say that your car had broken down anyway and so there was a fault already.
If the garage mechanic is willing to confirm that additional damage was caused then you do have a claim.
Suing the AA will not be a huge difficulty because he was acting as their agent.
Can I clarify anything for you?
Jo
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you Jo - this is most helpful

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