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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 2816
Experience:  Solicitor at BLM
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I have an issue with my car. A mechanic and the RAC are both

Customer Question

I have an issue with my car. A mechanic and the RAC are both claiming they are not responsible for damage to my car when trying to jump start/replace the battery. It's a screen on my dashboard which has been blown and the car cannot be used without it and will not pass it's MOT. What can I do as the screen was operational before either party worked on it?
JA: Where are you? It matters because laws vary by location.
Customer: Congleton, Cheshire
JA: What steps have you taken so far?
Customer: I have spoken to the mechanic and the RAC who both deny responsibility
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I don't think so.
Submitted: 15 days ago.
Category: Law
Expert:  Anthony Chendo replied 15 days ago.

Hello

Welcome to JA.

Please note that this is not a chat service therefore you may experience delays.

Have you obtained a quote to repair the damage yet?

Customer: replied 15 days ago.
No, I have looked up the screen itself and a new one is £750. Replacing the old one would mean having to take the dashboard out so that will be costly I'd imagine and is only something a Citroen garage can do.
Expert:  Anthony Chendo replied 15 days ago.

Hello

Thanks for the further info.

From the circumstances described it appears there is a potential breach of the Consumer Rights Act 2015. This is because under this law service provided must be done with reasonable care and skill. In view of this it appears the service provided to you was below par. Therefore, in In view of the breach that has occurred you are entitled to a number of remedies under the law.

The remedies available are price reduction which can be up to the full amount paid and specific performance which is demanding the matter be repaired/replaced. Further you can get someone else to fix the issue and then seek to recover costs from the responsible party.

However in order to determine the party in question, i suggest you seek a 2nd opinon on the cause of the damage and also who likley caused the damage. Further you should seek to obtain written statements from the mechanic and RAC what they did to your vehicle when it was in their possession,

Once you obtain the info you should be in a position to determine the responsible party and thus seek to recover from the party in question.

I hope i have clarified the position.

Thanks and stay safe.

Customer: replied 15 days ago.
Thanks for your advice, I appreciate it. I already have the breakdown of the work covered by the RAC so will ask the mechanic for the same. I have been in touch with a Citroen dealership and they advise the cost of the part and repair is just under £1200
Expert:  Anthony Chendo replied 15 days ago.

Ok thanks for the further information.

Expert:  Anthony Chendo replied 15 days ago.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify the answer given.

Thanks and stay safe

Customer: replied 14 days ago.
Just an update, I have spoken to the mechanic and he is not willing to provide a written account of the work he did. I have booked the car into a Citroen dealer to run a diagnostic and have confirmed that will show exactly when the screen was damaged and will provide that in writing. Once I have that report, am I ok to get the car fixed and then claim it back from the party at fault and if so what steps do I need to take to do that?
Expert:  Anthony Chendo replied 14 days ago.

You should consider sending the written report to the at fault party and seeking the costs to repair it from them.

I hope I have clarified the position.

Thanks and stay safe.

Customer: replied 7 days ago.
Ok just to give you an update, taking the car to Citroen was a complete waste of time. When I got there I explained agin that I needed a diagnostic to advise when and how the screen was broken I was told that the diagnostic would not show that, just that the screen was broken. I told him that I was advised on the phone that I would be able to get that information but he advised that the Citroen call centre misadvised me.So I am back to square 1, I have no evidence to show when the screen was damaged and both the mechanic and the RAC have denied responsibility. I know for a fact the screen was working before they got their hands on my car. Do I have any other options to avoid having to pay for a repair that was not my fault?
Expert:  Anthony Chendo replied 6 days ago.

You can consider obtaining a report from an independent reputable mechanic which outlines how where and when the fault occurred. If the report supports your position this will be good evidence to show the damage caused was not your fault.

Expert:  Anthony Chendo replied 6 days ago.

I hope I have clarified the position.

Thanks

Customer: replied 6 days ago.
If Citroen can't tell me how and why the fault occurred by running a diagnostic I'm not sure how any other independent mechanic could?
Expert:  Anthony Chendo replied 6 days ago.

In the absence of an expert report to support your position you will struggle to convince the court that the damage was not your fault. Therefore you should sought a 2nd opinion from a reputable engineer on the cause.

Customer: replied 6 days ago.
The Citroen garage was the reputable 2nd opinion
Expert:  Anthony Chendo replied 6 days ago.

You can try laird assessors using the link below as they have motor engineers that may assit in finding out how and why the fault occurred.

https://www.laird-assessors.com/

If they cant assit please return to JA as I will have to opt out of the question so another expert can cast their eyes on your issue and hopefully provide an alternative way to help you.

Thanks and stay safe.

Customer: replied 5 days ago.
As suspected Laird have advised they will not be able to pinpoint the time or cause of the damage unfortunately.