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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70715
Experience:  Over 5 years in practice
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My daughter Lori, was driving her leased mini on Sunday

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Hi - my daughter Lori, was driving her leased mini on Sunday when the wheel and axle broke off the car. By luck she was driving at 10 miles per hour in a suburban street, but 5 minutes earlier had been driving 60 mph on the motorway in Glasgow. The car is 1 year old and had recently had the engine replaced, although she was later told that it was a crankshaft problem. She has since called to report a rattling noise and was advised it could be down to the weather.
Currently the car is being examined by both the company who supplied the car and by the garage who replaced the engine.
My daughter has been provided with a car hire but has been stressed since the incident, contemplating the possible outcomes.
I attended the scene and saw first hand the appalling state of the vehicle. I also took photographic evidence.
Given the history of the vehicle, we obviously want a resolution which sees this being replaced.
But do we have a case for negligence and what would be the chances of proving this?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What loss has been suffered?
Customer: replied 1 year ago.
To date no financial loss - the car looks badly damaged so I will be interested to see what their resolution with the repair is . A hired car is being supplied until 4 today, but this is now being extended by the garage who replaced the engine.
My concern is the stress being experienced by my daughter
Expert:  Jo C. replied 1 year ago.
Ok.
But what were you hoping to claim for ?
They are resolving the car?
Customer: replied 1 year ago.
I'm not sure what my options are, hence the enquiry. We want a resolution on the car repair (which seems to be in progress, although I would like a replacement car for her, given the history). Is there any option for damages due to "negligence"? Thanks
Expert:  Jo C. replied 1 year ago.
No.
There might have been depending on whether you could show negligence. The fact that a fault exists does not necessarily mean there was negligence.
It is an exercise that fails here though because there has been no loss. Without loss the tort of negligence fails.
They are duty bound under contract to resolve the issue with the car. If this is a lease then they have to provide a road worthy vehicle and a replacement would be reasonable in the circumstances as there have been other faults.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Thanks Jo.
my reasons for the negligence suggestion is that when the engine was replaced (that in itself is odd for a less than 1 year old car), there were some issues. Lori has emailed the following to me (apologies for the grammar!)9 December 2015 - stability motor light came on in car ( its an ***** *****ght that usually comes in in adverse weather condition's) It came on when I was driving to yoga early morning and the car was pulling. On the way to Edinburgh I contacted mini emergency response. The organised a replacement car and a pick up.Thursday 10th Dec 2015 -Car was put in at Kingston Road branch where I spoke to XXX ( This info is on the sheet that is in the car).WHOLE WEEK LATERDuring this week I constantly had to contact Mini to inform them about my car and tell them the story about the rattling in the engine. During this time I was told 3 diff stories. 1st it was the engine , they told me I was getting 7 grand worth of work done. I was suppose to pick it up on Monday 14th- they then told me a section of the "crankshaft" was loose and they wanted to doubled check things. OnTuesday 15th I was asked to collect my car later on in the day as my "engine was leaking " ( brand new engine) and they wanted to make sure it was okay. Through out this convo I was constantly made aware that I was "lucky" to have a brand new engine in my car and that they "cleaned it with in an inch of its life" - yes they DID say that.Wednesday 16th Dec 2015 - Got car back - again asked to pick it up late after non for "final checks" again reminded of the price and the cleaning. I was made to wait 30 mins as the mechanic wanted to do a final check. Drove the car and it immediately felt clunky. I phoned up the next day and as there was no light on they said it "might be because the engine was new".Through out the festive season it never felt right and would always want my boyfriend to drive as I didn't feel safe. On Sunday 17th January ( 1 month after the new engine). I was driving from the South Side to Anniesland (glasgow). There was no warning, no lights, no sounds.. just the same rattling. I was on the express way going 60-70 miles ph. I did feel the car shake so I immediately slowed down. I was at the round about on Netherton Ave when I thought I skidded on black ice. No my wheel was off.-----------------------------------------------------------------------------------------------------------------------------------
I spoke with the mechanic who took the car away. He said that he had never seen anything as bad before and suggested that a bolt was missing connecting the wheel to the driveshaft . So i'm suggesting that the workmanship was less than perfect Jo.If you have a family I think you would feel the same way, this could have been a very different outcome.
Thanks
Expert:  Jo C. replied 1 year ago.
Oh yes, clearly there is a fault and they are bound under contract to resolve it.
There may have been negligence but there is no loss arising from that so no point in claiming Im afraid.
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