VIC Mechanic Damaged my Car

[Chef Simon]

i recently purchased a new car, all be it a second hand one, but new for me. There was absolutely nothing wrong with this car. It’s in immaculate condition but I knew it needed a new timing belt in the next 20,000k so after a telephone discussion outlining the requirements with the local European mechanic who specialises in this make took the car in to have the timing belt replaced in what I believed was a routine job for this type of garage.
Upon arriving to pick the car up at the arranged time, I was initially advised that they were having some troubles getting the cover back on...1 hour later the mechanic advised me that he wasn’t happy with it and it wouldn’t be ready today (Friday) and as they weren’t open over the weekend, it wouldn’t be ready until Monday but as is there practice, he allowed me to keep the loan car over the weekend. After leaving the mechanics, I received a phone call from him saying that as a result of not removing all the necessary pins relating to the timing belt, it had resulted in causing damage in the form of stripping the cam shaft gear and possibly more extensive damage, but unknown until the car could be made to start again.

The mechanic admitted ALL liability and continues to admit he is at fault but a week later I still Don’t have my car fixed as he tries to source parts. Should I be compensated?
Thank you for your time and consideration.

 

[Scruff]

That's very serious damage, but the good news is that it sounds like they're being up front with you. Given that you have a loan car, I'd recommend that you just roll with it for now. If all goes well, they'll cover all costs to repair the damage (which it looks like they will because they admitted liability) and won't charge for the loan car. They may even offer a discount on the original job due to the inconvenience.

So while they're being up front and seem to have the right attitude, I'd roll with it for now. Just stay nice, ask them to keep you updated and most importantly, be patient. The repair needed now will be a big job, so it will take time - you're possibly looking at a full engine rebuild. The main thing is that everyone concerned accept what has happened and as long as everyone does the right thing, it should all go okay.

If you start talking about compensation, the mechanic may change his attitude entirely.

Just for your info (and you should not bring this up with the mechanic), this kind of thing is pretty common. It's usually the result of one or more apprentices working on the car unsupervised and/or the person doing the work not following the proper steps as set out by the manufacturer. When it comes to things like timing belts, it's very easy to get it all very wrong if you don't strictly follow the manufacturer's guidelines.

One thing I will say, is that when the time comes and it's time to pick up your car, make sure that you get some kind of warranty on the work. I'd be asking asking for at least 6 months / 10,000kms and not accepting anything under 3 months / 5,000 kms.

 

[Chef Simon]

Despite my undoubted and obvious extreme disappointment, I’ve remained very calm and non aggressive towards him. The fact is the car I took in my never be the same again. From what the mechanic has said he’s going to make everything right and I hope that includes me not having to pay for the initial labour to install the timing belt as that’s what has caused this total inconvenience. And yes it’s become very obvious that he takes on more work than he can deal with. Considering he offers loan cars to all his customers, I don’t believe that to be a form of compensation for damage to my car that I entrusted to him. Not the mention the time and inconvenience I have incurred.

 

[Scruff]

"time and inconvenience" will be hard to argue in a legal arena because you have the loan car. As for compensation, it looks like he's willing to make good by "correcting the mistake" so to speak, ie; repairing the damage caused. If he does that, then any kind of additional financial compensation would be an uphill battle.

As for not getting the car back in the condition you took it in - that's why it so important to get some kind of warranty on the work. Hopefully, you'll actually get it back in a better mechanical condition than it originally was. If not, then the warranty gives you something to claim against.

By the way, if this does turn into a full rebuild, then I'd be asking for a 12 month / 25,000kms warranty and not accepting anything less than 6 months / 10,000 or 15,000kms.

It's important not to get ahead of yourself here, because just by admitting liability up front, he's done something that many mechanics would never do. So you should give him the benefit of the doubt at this point and let the situation play out. You won't know if there are any problems until the work is complete, you have the car back and you start racking up some kms again - thus the importance of a warranty.

I know you're inconvenienced and possibly even angry, but you need to give him a chance to make good.

 

[Chef Simon]

Ok thanks Scruff

 

[Scruff]

No worries mate. Post back here if you run into any problems.

If everthing works out in the end, then stick with this guy - honest mechanics are hard to find.

Best of luck.

(I'm not a mechanic, but worked for one for 5 years, so I've seen first hand how things like this can happen. I can tell you from experience that it's extremely rare that a mechanic would admit liability up front like this, let alone admit that the damage was the result of their own error.)