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Recently my vechicle had problems I'd gone off-roading and…

Customer Question
Hi, recently my vechicle...

Hi, recently my vechicle had problems I'd gone off-roading and my engine took on water so I called a call out mechanic company named lube mobile, they came and got it going again but not at full engine power. I was quoted $5675 to fix the problem with new fuel injectors an upon installing the mechanics have blown my engine and refuse to pay. They did say they would do the right thing by me if I could get a new engine they would install it for free but it will cost my another $8000 which I can't afford and insurance won't pay it either

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Ok I'm ready

Lawyer's Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?

Western Australia Perth, and no

Lawyer's Assistant: What steps have you taken so far?

Tried to get my insurance to cover it but insurance has said it fills squarely on lube mobile as they are the ones that blew up the engine and Iv emailed the ARCCC which then referred me to the WA CONSUMER Protection but I'm still waiting to hear back from them and now the mechanic saying I have to take my truck out of the work shop but I am afraid if I remove it from the premises that is me accepting the damages done by the mechanic.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I think Iv covered it all thank you

Submitted: 2 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/27/2018
Solicitor: Leon, Solicitor replied 2 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,578
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Customer reply replied 2 months ago
Hi thanks leon
Solicitor: Leon, Solicitor replied 2 months ago

Good Afternoon,

Are you asking if you can sue the mechanic?

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Customer reply replied 2 months ago
No I just want my vechicle repaired for the damages they caused.
Solicitor: Leon, Solicitor replied 2 months ago

Good Afternoon,

I understand, but the cause of their engine blowing up canopy fully attributed to what the mechanic did?

If you leave the mechanic that had caused the engine to blow up because they repaired were negligent, then that they are fully responsible for replacing the motor in your car.

They would have to claim on their professional indemnity insurance.

Have they indicated whether the reason for the engine blowing up with 100% of their fault?

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Customer reply replied 2 months ago
My insurance have said the mechanic is at fault therefore they will not cover the repair costs,so far I have paid $2000 for part so for the initial problem,but while they were fixing that issue they blew up my engine and I was told they required a further $8000 ontop of the $5570 I was originally quoted before they blew up my engine.
Solicitor: Leon, Solicitor replied 2 months ago

Good Afternoon,

your insurance company will not cover the costs. If the insurance company is prepared to give you a report claiming that the mechanic was at fault, then you are going to have to commence proceedings against the mechanic but the cost of a new motor.

Your mechanic is going to have to claim on his professional indemnity insurance and that they will pay out the claim.

You are not required to make the payment, and if he will not make a claim you are going to have to commence proceedings in the Magistrate's Court to recover the cost of a new motor being $8000 plus the installation.

But you need to provide evidence that the damage to your range and when it blew up but caused by the negligence of the mechanic in order for him to be 100% liable for the full costs.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 2 months ago
When they called to tell me that during repairs they blew up the motor, they told me they would do the right thing by me and install the new engine for free that I just had to pay for the new engine first. Does that indicate them saying they were at fault?
Solicitor: Leon, Solicitor replied 2 months ago

Good Afternoon

It shows that they are exhibiting some liability. But if they caused your engine to explode they are responsible for the full cost. They're just not responsible for the installation.

I would suggest that you have the vehicle inspected by an independent mechanic, your insurer and obtain a detailed report as to the cause of why the engine exploded. Once you have that and it shows that he was because of what the mechanic did, then you have a very strong claim against him for the cost of a new murder and the installation.

I hope this makes sense and is of further assistance.

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Customer reply replied 2 months ago
Once I have gathered all evidence from my insurer and independent mechanic what steps do I have to take to go through court?
Solicitor: Leon, Solicitor replied 2 months ago

Good Afternoon,

you would then send a letter to the mechanic advising them that the cause of the damage was as a result of their negligence and that they are liable to replace the engine.

You can provide them with a copy of the reports and give them 14 days within which to agree and if they don't then you will commence proceedings in court.

This is the process.

I hope this makes sense and is of assistance.

Regards

Leon

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