Handbrake failure after new caliper fitted

[ainarssems]

What happened to 'Innocent unless proven guilty'? How can they ask the repairer to pay damages unless it's proven without a reasonable doubt that fault occurred because of poor fitting. Expert or no expert on many parts you cannot tell quality or condition without destructive disassembly. I understand a need to put it on invoice that part was supplied by owner so that there is a record of it if needed in future and maybe a disclaimer signed by owner that they understand that fitter does not take any responsibility for the part. And the owner should keep record where they bought part.

Where does it leave second hand parts, can you as a garage buy and fit second hand parts? And what happens if you as individual without public liability insurance fit a faulty part or don't fit it correctly yourself and crash because of that?

I have actually been refused by garage to fit used tyres for me because they said they cannot guarantee safety of used tyres, did not even want to fit them when I said they are my own tyres that I took of my car in the autumn when fitting winter tyres and now just want to put them back on car for summer season. Not a big issue, I just went to another garage but if everybody keeps doing that it will mean you cannot swap seasonal tyres unless you store them at the garage that does the fitting and pay them for storage.

I do most of repairs myself and many parts that I buy new are genuine parts from Germany or elsewhere abroad because they are a lot cheaper there. I cannot expect garage to spend their time hunting the best deal and setup accounts at supplier abroad and just get the 1 part for me. That would mean extra expenses and maybe even lesser part than I would get myself if I am forced to get the part by fitting garage who would only check a couple of suppliers they use.

The merc owner either had a malfunctioning conscience when they decided upon the legal route

I's possible that owner claimed on their comprehensive car insurance policy as accident, insurance company investigated, saw the failed recently replaced arm and decided to go after fitter/part manufacturer to recover costs.

[Quattrodave]

Originally Posted by ainarssems

What happened to 'Innocent unless proven guilty'? How can they ask the repairer to pay damages unless it's proven without a reasonable doubt that fault occurred because of poor fitting. Expert or no expert on many parts you cannot tell quality or condition without destructive disassembly. I understand a need to put it on invoice that part was supplied by owner so that there is a record of it if needed in future and maybe a disclaimer signed by owner that they understand that fitter does not take any responsibility for the part. And the owner should keep record where they bought part.

Where does it leave second hand parts, can you as a garage buy and fit second hand parts? And what happens if you as individual without public liability insurance fit a faulty part or don't fit it correctly yourself and crash because of that?

I have actually been refused by garage to fit used tyres for me because they said they cannot guarantee safety of used tyres, did not even want to fit them when I said they are my own tyres that I took of my car in the autumn when fitting winter tyres and now just want to put them back on car for summer season. Not a big issue, I just went to another garage but if everybody keeps doing that it will mean you cannot swap seasonal tyres unless you store them at the garage that does the fitting and pay them for storage.

I do most of repairs myself and many parts that I buy new are genuine parts from Germany or elsewhere abroad because they are a lot cheaper there. I cannot expect garage to spend their time hunting the best deal and setup accounts at supplier abroad and just get the 1 part for me. That would mean extra expenses and maybe even lesser part than I would get myself if I am forced to get the part by fitting garage who would only check a couple of suppliers they use.



I's possible that owner claimed on their comprehensive car insurance policy as accident, insurance company investigated, saw the failed recently replaced arm and decided to go after fitter/part manufacturer to recover costs.

Fair point on merc guy, I read into what was said as his insurance refused based on results of investigation from garage so took the legal route on his own.

It really is sad isn't it, our whole society is now guilty until proven innocent and even then there's often a lingering suspicion that they're still guilty.

There are examples where parts simply aren't available. Take my URQ for example. Audi, being as 'customer' focussed as they stopped manufacturing parts for the URQ in 1997 despite leaning heavily on the car for marketing purposes they offer zero help when it comes to keeping these rare beasts on the road. Consequently garages could never source parts and I had to buy them, often direct from germany on the dreaded ebay.

Look at car dismantlers, if all garages only insist upon fitting new or recon sourced parts that they've bought then a lot of dismantlers would overnight become economically un-viable which in turn will result in more cars being crushed and more waste due to non recycling. One way to bolster the manufacturing industry (in other countries) mind!

[Mechcanico Lee]

Mmmm interesting Aiansrssems I you fitted a part yourself and it went wrong causing an accident , I suppose the other party would claim off your insurance , if it was found that a part you fitted caused the accident could it revoke the claim .... I don't know , I'm not an expert in the legal field .

My friend in Kent had the RMI fighting his corner ,which is a big body in the motoring field but still lost the case , the judge views it as the repairer is the expert in his field and should know better ..
When the parts come through known suppliers. e.g. Euro car parts or Andrew Pages and something goes wrong ,the supplier let's say Lemforder because they are a big company have got the money to pay any damages claim , if the parts come from un known sources Ting Tong land can it be pursued .... I don't know ??
Like you say with your winter tyres, the tyre bay cannot guarantee the safety of them , I have no dought that your tyres will be tip top and quality as all the members on here are reasonable folk and under stand about quality with parts and the likes , but what about the cheap skate bloke who gets some tyres out of the scrap yard that have sat in oil and mud for ever and he takes them to the same tyre bay to be fitted and the tyre wall blows out and he crashes , what's the first thing he says to the police on scene "such and such tyre bay only just fitted them for me"
Before you know it a solicitors letters through there door and if it goes to court you can be sure the judge will blame the tyre bay ....they should have known better !!
Like already been said "where there's blame there's a claim " culture , someone's going to cop for it ..... it's a bit sad really .

We used to fit owners own parts but after my friend got stung we stopped we just have to watch our back all the time , every week we get folk coming through the door asking us to fit such and such , we have to decline , I've seen cambelt kits and water pumps in un named cardboard boxes ..... where the hell did that come from ?? .... Ting tong land again , we have folk coming asking us to do oil and filter changes bringing their own parts ........ Wix oil filters ..... Wix the worst of the worst !! And Morrisons finest Glug 1 oil ...... this is not some Renault Megane owner ..... 59 plate Merc GL !!
Can you imagine the tissue paper Wix filter breaking up and blocking the oil gallery knocking the crank out .... " yeah Prestige Garage just done my oil change and blew my engine up " that's why we decline .

Hey .... what about the ting tong glow plugs (supplied by the owner ) the garage down the road from us fitted to a combo van , the glow tip fell out after a week did a jig on top of the piston ends up stuck under a valve so piston gives it a kiss and bends the valve , then spits the tip down the exhaust manifold and it takes one of the turbo impeller blades off ..... it's not all bad news .....the ting tong glow plugs were £5 cheaper than the quality Bosch ones mind........

I have loads of other story's hehe ........ peace guys

[snapdragon]

Yes, as MANNOL oil say: The disappointment of poor quality lasts much longer than the joy of low prices.