Three weeks ago I purchased a 1994 460 Volvo from a local independant Volvo dealer. A week or so ago my wife reported a problem with the brakes.They were spongy and occasionally the car travelled forward quickly whilst stationery (in driveits an auto). I reported the problem to the garage who agreed to look at it last saturday morning. I drove the 20 or so miles OK and the guy had a look at the ABS electronically and said it was probabaly the master cylinder seals and he would source a part this week and fit it this Saturday under warranty.
On the way home I was approaching a roundabout on a busy A road at around 35/40 mph and the brakes jammmed completely at the top. I was unable to avoid another motorist on the roundabout struck her a glancing blow to the offside door and wing and careered off at speed down a side road and into a metal post. The airbag inflated and the car is now a write off. Neither the other driver was injured nor myself but I am now faced with a fault claim on my insurance history and likely increased premia. I need to source a new car quickly and until the insurance company settle my wife deos not have a car as no courtesy car is available as the car will be written off.
I am minded to see the positives here ie no one was injured it was me rather than the wife and young boys who were in the car when it happened etc. I think that to some extent the garage acted in good faith ie if they had thought there was a serious problem with the brakes they would have done something more about it but I do not see why I should suffer from the whole sorry affair and am wondering whether to resort to more formal legal redress or whether there is a commercial discussion to be had with the garage as I would consider buying a vehicle off them again.
All views welcome !
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Get a lawyer now. Get someone who is knowledgeable with RTAs.
This is too important than to rely on advice from here.
Make sure whoever your lawyer is that he understand the importance of getting an immediate engineers report done on the car.
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There's a serious lesson to be learned here, NEVER EVER drive a car with any sort of brake fault whatsoever. It is lunacy on your part to drive the car and irresponible of the garage not to warn you not to and to think a brake fault is anything other than a serious fault, that should not be driven with, is pure ignorance. What would you say to someone who was driving around, knowing full well that their brakes had a fault on them, when, God forbid, they mowed down your wife and young boys who just happened to be crossing that side road you careered down, because their brakes failed.
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Kith your advice is unhelpful and contradicts that given to me by one the country 's leading law firms . The issue is one of reasonableness (certainly not ignorance) and that I, as a non expert am entitled to rely on the advice provivded by an expert (the garage and its mechanic). The insurance company agreed and have paid out. More importantly no one was injured.
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KarlC - from your first post - "All views welcome".
I don't think your first sentence above is particularly welcoming. If you come to a motoring forum and ask a question and people answer in good faith with (IMHO) a reasonable answer then you only need put them straight.
If you wanted legal advice from a leading law firm, that's the place to be asking, not here.
Many people here are competent, reasonable and knowledgable in a wide range of subjects but not necessarily qualified, but you need to understand and respect that when you seek advice.
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Agree Smokie.
Absolutely.
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>> Agree Smokie. >> Absolutely.
the same.
follow your lawyers advice, you get financial recompense.
follow kith's advice, you get to stay safe.
I have to grow old - but I don't have to grow up
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I think that the bandwagon is carrying quite enough weight now, no need for anyone else to jump on.
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I take the point about freely expressed opinions but do not see it as anything other than reasonable to have had a right to reply in this way having been called a lunatic by someone posting to the messageboard. Mark, your advice was useful -Thanks. I made the about my family as it was my wifes car and I think that Kiths comments in this regard are in fact insulting adn unworthy of an excellent site and messageboard that this clearly is.
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Ok, can we all calm things down now, before further disagreements break out.
--
Dynamic Dave
Back Room Moderator
mailto:dave_moderator@honestjohn.co.uk
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