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Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10113
Experience:  Barrister 17 years experience
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I have a2011 BMW with just about 300000km on it which

Customer Question

I have a2011 BMW with just about 300000km on it which I brought to the garage as I heard a noise and told them that it only occurred in the mornings and the rest of the day it was fine. I indicated to the garage that I thought it was the chain tensioner. IAs I mentioned I drove the car to the garage but the following day they rang me saying it would not start for them. I gave approval to look into it and they found the timing had slipped due to a faulty tensioner. They eventually went to BMW looking for good will which covered 50% so the bill is only about €4200.
My issues are.
15000km before this I shad asked the garage to check out the timing chain at the last service.
BMW are know for this and I was told this would not happen based on what I was told by the service receptionist.
Why do I have to pay them for the extra damage that they caused after I had warned them of the problem. so instead of a repair of 2k it could have been 10K due to their carelessness. Every BMW garage has done hundreds of these repair jobs why risk damaging an engine?
I appreciate your advice
Submitted: 5 months ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 5 months ago.
1. Dear Jonathan, in law, in order to be able to shift the costs of repair onto the garage, you will have to show by expert evidence that the problem with the tensioner would not have happened if the service had been correctly carried out. In other words, you will have to be able to show, with the help of an expert, that there would not have been a problem here only for the fact the service was negligently carried out.
Expert:  Buachaill replied 5 months ago.
2. You will appreciate that it is a pre-requsite that there was no other cause for the fault with the tensioner - wear and tear for example - and that this was the sole flaw. So you will have to take the car to a different garage and get your expert to examine it to show that the faulty service was at fault.
Expert:  Buachaill replied 5 months ago.
3. There is no point in arguing the toss with the garage as to what was the cause. In law, if you wish to sue for the costs associated with the tensioner, you will need to have expert evidence as to the fact the fault service was at fault. So for this reason you need it examined elsewhere.
Expert:  Buachaill replied 5 months ago.
4. Ultimately, it is a purely evidential issue. However, you need to be able to prove your case in court, should it come to that. For this reason, you need the BMW car examined elsewhere. Then if you have a relevant expert report, you can place the costs on the garage for the fault service in relation to the tensioner.
Expert:  Buachaill replied 5 months ago.
5. Otherwise, it is simply your word against the word of the garage that the service was carried out properly. If the garage wont budge, then you need to be able to prove your case and this is how you go about it.
Expert:  Buachaill replied 5 months ago.
6. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your Question.

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