I hired a Vauxhall Insignia diesel which developed a fault - who is liable?

I recently hired a Vauxhall Insignia diesel. I drove about half a mile and then parked the car for about an hour. When I came back to the car, I started it up again and drove about 50 yards before I noticed a rubber smell coming from the engine compartment. When starting from a traffic light on a hill, I observed smoke coming out of the engine. We drove it back to the rental place and they took it in to the dealership for inspection.

I called the dealership yesterday. They had two mechanics look at it and they said that Vauxhall would not cover it under warranty. Their final determination was that the clutch and DMF failed due to "overheating". I drove the car less than five miles in total. I am not totally sure that the hire company will bill me for the clutch repair yet as they are slow in dealing with me, but I feel that I should not have to pay anything and I am prepared to go to court if need be. What do you think?

Asked on 11 October 2012 by TW, Warwick

Answered by Honest John
Insignias can have a known problem with their clutches and electric parking brake release system, detailed in the Insigina entry in www.honestjohn.co.uk/carbycar.

If the hire company does charge you for it, counterclaim that the car supplied was not "of satisfactory quality" and, since you drove it less than five miles, the fault must have either been present or developing before you drove it.
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