Looking for advice

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Leomas

Leomas

Well-Known Member
Posts
966
Location
Between the dolphins and the Clootie Well
So, put my Disco in for it's MOT and while it was on the road test something broke and they had to stretcher it back to the workshop......I will now need to borrow SWMBO's car for the week as I work away which complicates things but can be handled.

$64,000 question..........how much do they need to assist in getting it fixed? These are guys I have used a lot and have been very helpful in the past so I am not looking to force them to pay every last penny to fix it but nor do I want to pick up the whole bill if they are 'liable' in any way.

Appreciate I may not get a lawyer's answer but if anyone has bumped into this before then advice would be welcome
 
So the question is, if a car suffers a fault during the MOT test, is the testing garage liable?
It depends firstly on the fault and precisely how it occurred, and secondly whether there is an enforceable exclusion or limitation of liability which would alter the ordinary and natural conclusion from the facts.
It might be breach of contract or negligence but I could envisage an uphill struggle on proving responsibility, and very possibly the need for an experts report. More details of what happened, how and the relevant pre-existing condition of the car would help?
 
Apologies all, it's clear now I should have put more detail in but I was trying to keep it short and not to get too emotive.

Yes, it was the brake test as they don't have the right rolling road for 4x4 and the diff seized although I don't even know if that was normal driving or when he hit the brakes. I won't get more detail before they strip it down next week and I only had a short chat with the manager who was going on what his mechanic had told him.
From a personal perspective I work away during the week so even if they fix it Tuesday I can't get it back before next weekend and SWMBO is making do without hers so I can use it.
 
discool said:
So! that's only because that they haven't the brake test roller that can handle four wheel drive vehicles.
Click to expand...
Yes, thats why they have the Tapley. My point being that there's no need to 'road test'.

In addition, the OP post above says 'diff seized'. I smell fish..... garage shaped fish. I think I'll get the popcorn ready on this one :) There's more to the garages story than we know....

If that was my vehicle, I wouldn't be expecting to pay for repairs..
 
discool said:
All MOT brake testing rollers are 2 wheel are they not doing one axle at a time, perhaps u mean they are not Dual Directional 2 wheel roller. The only thing that up sets them I understand is a LSD in the axle diff.
Click to expand...
I don't know how a permanent 4 wheel drive should be tested on a single axle roller - spinning one axle on a single axle rig with the other axle stood still can only be bad news for the mechanical parts....
 
Update - apparently the rear diff has completely destroyed itself. Now a cynic might think that a result of putting the front wheels on the rollers before someone screamed at them not to do it but....
They say not, I have no evidence they did and when a diff goes it will turn itself into swarf so as they have been very good in the past I will put it down to one of those things and rather them driving when it happened than me. I was riding a BMW on the M27 when the driveshaft UJ died and that was certainly an experience since it was just knocking until I slowed enough for it to fall apart and jam the back wheel whereupon I skidded that last 20 feet (fortunately on the hard shoulder by then)
 
Leomas said:
Update - apparently the rear diff has completely destroyed itself.
Click to expand...
Would have thought if all wheel drive vehicle is run on a single axle roller then the centre diff in the transfer case would have a meltdown, correct or no???
Still strange coincidence how the rear diff chose that particular time to disintegrate, would of thought that you'd have heard some noise leading up to complete failure unless it is the dreaded hemisphere axle pin slipped out .
 
Leomas said:
wondering if I dare get back on the road
Click to expand...
Yes, the good old pin, it has a bit of history apparently, I have not had any problems with it in my current Disco or the previous one but I know of a couple of guys that have had the pin slip out and trash their diffs, they are both high mileage units and they worked them pretty hard, (read abused).
For the amount of work involved it would be worth checking both diffs, (note to self), and one of mine has a howly bearing.
 
Sadly I have no off-road work area to do anything, when I changed the fuel pump I had a number of people wandering past having a good look and hurrying away when the swearing started :rolleyes:

Will need to contact my favourite local Mechanic as I keep meaning to have them do a full checkover and I actually some cash at present (but don't tell anyone I said that)
 
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