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Car Insurance not Claimed Dut to No Service by Mechanic

Discussion in 'Australian Consumer Law Forum' started by Deon Valentine, 6 July 2014.

  1. Deon Valentine

    Deon Valentine Active Member

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    Hi, I recently had my car booked in for a service by a diesel mobile mechanic. A week later he dropped off parts for servicing the vehicle. Three weeks later, the motor has a knocking sound due to low oil pressure. I have a car insurance, but cannot claim due to the service not being done. Who is responsible under Australian Consumer Law?
     
  2. John R

    John R Well-Known Member

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    Hi Deon,
    Sorry, I'm a bit confused by your question - Was the car serviced by the mobile mechanic or not serviced (because parts were required)?
     
  3. Deon Valentine

    Deon Valentine Active Member

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    Hi John, the car was not serviced. Parts merely dropped off.
     
  4. John R

    John R Well-Known Member

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    Hi Deon,
    Why do you believe that the mobile mechanic is responsible for the knocking sound if they didn't service your car?
     
  5. Deon Valentine

    Deon Valentine Active Member

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    Hi John,
    It is a Diesel engine. These engines needs to be serviced on time. This is common knowledge amongst mechanics. Had even just the oil been changed I would still have the car running.
     
  6. John R

    John R Well-Known Member

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    Hi Deon,
    I understand. Did the mobile mechanic agree to service your car by a specific date?
     
  7. Deon Valentine

    Deon Valentine Active Member

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    Hi John,

    Yes he did as the car was already over due for a service. He understood that I needed it done urgently.
     
  8. John R

    John R Well-Known Member

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    Hi Deon,
    Can you please provide more information about your agreement with the mechanic? This is because it's difficult to imagine a situation where a mechanic would be liable under Australian Consumer Law (for non-delivery of services within a reasonable timeframe) if the car was already overdue for a service, etc.
     
  9. Deon Valentine

    Deon Valentine Active Member

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    Hi John,

    The agreement was for the mechanic to service the car urgently. He was made aware that the vehicle was overdue for its service. I now cannot claim against my insurance.

    I just want know if there is any justice in my current situation. Thanking you in advance.
     
  10. winston wolf

    winston wolf Well-Known Member

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    Ah, you want justice? There not much of that around.
    I cant give you precedent, but I would imagine if this were in front of a judge they would say that it was your responsibility to organise the service with sufficient buffer to account for any delay. Once you realised the mechanic may fail to do the job in time you should have got a different mechanic.

    The mechanic could be posting here saying. "this guy booked a service and the car broke down before I had time to get there, now he wants me to pay for the repair?"

    Sorry to be blunt.
     

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