QLD Car Broken by Mechanic - Recourse?

[Chase63]

In the morning, I had a radiator and condenser replaced March last year, and a service done in December, just before going away on holidays. We got to our destination on Christmas Eve. The car got hot as we pulled up, turned car off, allowed to cool down before opening bonnet, discovered no coolant in radiator or reservoir.

Boxing Day, I noticed a creamy colour on top of the radiator cap and called the RACQ. They towed the vehicle to their service dept. On the 3/01/17, I had a call from them informing me that the head gasket had blown and possible cracked head. The cause was restricted flow at the bottom radiator hose, which had been kinked over the condenser pipe.

They asked where the work got done, and I told them in Townsville, including a service. I then contacted my Insurance company. They sent an assessor out, and the conclusion was a blown head gasket.

I'm not covered for breakdowns. I approached the mechanic when we were able to get home. The car is still in Yeppoon. I gave him copies of all reports including photos, and phone numbers etc, told him if he wants to know more ring were car is and speak to threaten a person, as I'm no mechanic. He then said that he wanted to put the car on a truck and bring it back to Townsville to fix.

At this stage I was unsure if this has happened as I have not heard from anyone. It is going to cost over $4000 to fi. RACQ and my insurance company say he should be paying for his stuff up not me. Not to mention the extra cost of staying away, plus added expense of fuel and accommodation to go and retrieve car and camper trailer. Plus days off work.

I have contacted the A.C.C.C. But haven't heard from them either.

Can you please point me in the right direction?

 

[Lance]

Hi Chase,

You are doing the right thing by negotiating with the mechanic. If it is obvious that he has kinked the radiator hose whilst doing the service and evidence of this could be that he did a coolant change during the service, it would be reasonable to conclude that he is liable for the repairs.

If you have that discussion make sure you have a witness with you. If he refuses, make sure you have evidence, like the service report. Then you can send him a letter of demand for all your cost and go through small claims at QCAT(QLD Civil and Administrative Tribunal) if he refuses.

It would be much better if you can negotiate with him, but regardless it sounds like you might have a reasonable case if you go through QCAT. If he agrees to repair the vehicle you can still try to recover the rest of the costs you mentioned from him via QCAT but I would focus on getting your car fixed. And go in positive but friendly, you never know he might accept the blame. And take a witness.

Good luck.

 

[Chase63]

Hi Chase,

You are doing the right thing by negotiating with the mechanic. If it is obvious that he has kinked the radiator hose whilst doing the service and evidence of this could be that he did a coolant change during the service, it would be reasonable to conclude that he is liable for the repairs.

If you have that discussion make sure you have a witness with you. If he refuses, make sure you have evidence, like the service report. Then you can send him a letter of demand for all your cost and go through small claims at QCAT(QLD Civil and Administrative Tribunal) if he refuses.

It would be much better if you can negotiate with him, but regardless it sounds like you might have a reasonable case if you go through QCAT. If he agrees to repair the vehicle you can still try to recover the rest of the costs you mentioned from him via QCAT but I would focus on getting your car fixed. And go in positive but friendly, you never know he might accept the blame. And take a witness.

Good luck.

Thank you, yes I have had my partner with me when I spoke to him.