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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 11225
Experience:  Barrister 17 years experience
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My car failed NCT for corroded brake lines. A professional

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Hi there,
My car failed NCT for corroded brake lines.
A professional garage replaced the brake lines.
The car failed it’s NCT retest due to brake fluid leak from bleeding point on brake calipar which the garage had not tightened properly.
NCT issued me with a dangerous defect notice, the car had to be towed back to the garage.
The garage offered to pay the €28.00 retest fee which I declined.
I drove my family around for four days in this dangerous vehicle unknowingly to me.
Do I have a claim for compensation?

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1. You have an excellent claim for compensation. So you should see a solicitor and get legal proceedings issued as soon as possible. You will have a claim for consequential damages as you could have been killed, along with your family, owing to the negligence of the garage in failing to properly repair the defective brakes. So, you should stand your ground and insist on your legal rights.

2. Please Rate or Accept the answer as unless you do so your Expert will not receive payment from the website for answering your question.

Customer: replied 5 months ago.
Hi Buachaill,Thank you for your response.
There were issues with my account, however customer service are dealing with this now.I have additional questions.As I will have a legal claim for consequential damages and from your experience, what could I expect to achieve in terms of compensation ?What if any procautions should I take ?I have engaged a solicitor and I am awaiting a consultation.Regards
Michael

3. I cannot give you a clear idea on damages as you will have to get an expert report on the damage suffered by you. So, your solicitor who issues legal proceedings and your barrister will be able to advise you on this. However, I don't know what you mean by 'procautions'? There is no such thing as taking precautions in a legal action. Your case either stands or falls on its own merits.

Customer: replied 5 months ago.
What is the claim calculation for consequential loss per life ?I presume a right-off of the vehicle would match that of the insurance costing of the vehicles current worth ?

4. There is no ready reckoner here for the consequential loss. It will have to be decided on the evidence and the expert report you provide. It is only when this evidence has been tabulated that an assessment can be made of damages. Secondly, a write off of the vehicle would be at its value as of the date it was written off, not necessarily the insurance value. So, here, you need evidence from a garage man as to its value when written off.

Buachaill and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 5 months ago.
Thank you Buachaill, will see what the Silicitor comes up with and go from there.
Kind Regards
Michael