Needing a bit of legal know how

[XxKiTtiExX]

Right, not bike related but here goes..

Say there was a vehicle purchased that had passed a WOF within the last month. All the work done to the vehicle (WOF included) were done at a certain place in Auckland. The previous WOF sheet had noted a "noise" that is written down as being the steering rack. The vehicle was purchased and driven 4 hours north in which a noise is noticed, but originally thought by the driver to have been a EURO plate that wasn't bolted on correctly rattling around.

On further inspection by another place that does WOF and mechanical work this noise turned out to be caused by a stripped bolt on the drivers side hub, which resulted in the brake caliper not being bolted on correctly and doing damage due to how long it had been like it. (The mechanic who did the repair has written up a report in regards to this)

The mechanic back in Auckland has been contacted as the owner feels the repair costs should be covered by them, as they did the original work on the vehicle, and have also passed the recent WOF.

He has contacted the car owner and told them the following "I have got nothing to do the cars on going warranty as mechanical failures can occur anytime post warranty." So basically the work shop is accepting no responsibility for a stripped bolt and its considered mechanical failure.

Is it wrong to seek compensation? Or should this be followed further and if so what next?

[XxKiTtiExX]

On further inspection by another place that does WOF and mechanical work this noise turned out to be caused by a stripped bolt on the drivers side hub, which resulted in the brake caliper not being bolted on correctly and doing damage due to how long it had been like it. (The mechanic who did the repair has written up a report in regards to this)


Not sure on the full workings of brakes but its definately a stripped bolt to do with the brakes that could have resulted in brake failure. The place who found and repaired damage advised owner of vehicle to chase up repair costs from the place in Auckland who had originally done the work and passed the WOF.

[scott411]

well, as i understand it legally, (i am not a lawyer)

you have no right of claim to the original mechanic, as he preformed no service to you, (you did not pay him) that is on the repair, however you may be able to follow up the WOF tester, who passed the vehicle (and the workshop that way) i presume for that you would have to go though the LTSA who registers them

however you may have some recourse on the person you brought the car off,

[Gremlin]

Remember a WOF is only a point in time check, there is no "warranty period". The shop is correct that a failure could occur after a WOF.

As for warranty, you, as another owner, having no work done by the shop, I don't think there is recourse? The seller of the vehicle, if licensed, would have obligations to you, but if a private sale, it starts to get murky, as usually, there is no warranty.

As for the work done, did it include work around the parts that have now got issues? It's certainly possible the owner of the vehicle at the time, would have recourse, as the work was clearly not done to a required standard. If work done on the vehicle has no bearing on the problem parts now, then it's unlikely that the shop would be responsible?

Not a lawyer, just trying to offer my view, as I see it.

[XxKiTtiExX]

Remember a WOF is only a point in time check, there is no "warranty period". The shop is correct that a failure could occur after a WOF.

As for warranty, you, as another owner, having no work done by the shop, I don't think there is recourse? The seller of the vehicle, if licensed, would have obligations to you, but if a private sale, it starts to get murky, as usually, there is no warranty.

As for the work done, did it include work around the parts that have now got issues? It's certainly possible the owner of the vehicle at the time, would have recourse, as the work was clearly not done to a required standard. If work done on the vehicle has no bearing on the problem parts now, then it's unlikely that the shop would be responsible?

Not a lawyer, just trying to offer my view, as I see it.

Noise was listed as front drivers side on WOF sheet, the noise turned out to be the caliper and stripped bolt on the front drivers side. So I do believe it wasn't secure at time of WOF. Have found a complaints form online so I think I'll advise the owner to make a complaint, NZTA can then form their own opinion based on information that they have been given. And wether they feel they should investigate further themselves is up to them.

[XxKiTtiExX]

Have also advised for new owner to contact previous to see if they will come to the party.

EDIT: All work done to said vehicle was done by the same place who passed the WOF (all done prior to WOF). How possible is it that a bolt completely strips itself? (Serious question)

[onearmedbandit]

Have also advised for new owner to contact previous to see if they will come to the party.

EDIT: All work done to said vehicle was done by the same place who passed the WOF (all done prior to WOF). How possible is it that a bolt completely strips itself? (Serious question)

Impossible.

[XxKiTtiExX]

Right just phoned the mechanic/wof place in Auckland in regards to the damage. He didn't want to know at all at first, told me it was nothing to do with him and that its happened after the WOF was passed. I said "So you are telling me a bolt strips itself and the brake caliper became unsecure 1 month after you passed its WOF?" He said "No, that it isn't possible." He tells me his WOF sheet states nothing about a noise coming from front drivers side as being the steering rack so he wants a copy. So will be sending through a scanned copy of the WOF sheet for him. Questioned him how an brake caliper that isn't secure passes NZTA compliance. Ran off a few things about whats in the Vehicle Inspection Manual, and that we would be filling in a complaint form through the NZTA along with the backing of the mechanic/wof testing place that had to do the repairs on the vehicle so that the NZTA can investigate further. Along with throwing in something about "Fairgo." Now suddenly he wants to pay reparation once he has a copy of the WOF sheet.

EDIT: He also denied ever working on the vehicle other than doing WOFs. (Paperwork for vehicle says otherwise).

[davereid]

It sounds on the face of it that the bolt on the caliper was stripped at the time of the WOF. But if it was in place, and not actually loose, the mechanic would have been hard pressed to find it. Especially considering he is not allowed to dismantle things. (Its a visual inspection.) The forces on the caliper are at 90 degrees to the way the bolt goes. So unless the bolt was actually falling out, it would have seemed fine.

Plus, it could be that the car passed a WOF, and had someone subsequently fiddle with it.

The only comeback I think you have is with the seller. Even then, its a hard row as they say....but if the mechanic has offered to pay for repairs grab the loot..

Good luck, no one got hurt so could be a lot worse.

[bogan]

Plus, it could be that the car passed a WOF, and had someone subsequently fiddle with it.

That seems to be the heart of the issue, kind of hard to prove it was the mechanic who was the last person to have anything to do with that bolt. Obviously an unsafe repair, and any mechanic worth his pay would notice a bolt like that stripping at the time, or even better not actually strip it!

Hopefully he will own up and pay for repairs, but if not the wof sheets and receipts for work done might be enough for small claims. If it gets to that point, you might be able to ask citizens advice bureau, who are likely to know more than us bush lawyers.

[FJRider]

If this workshop is an MTA member ... THEY may be "interested" in this .... The certification to conduct WOF checks may be at stake.

[XxKiTtiExX]

If this workshop is an MTA member ... THEY may be "interested" in this .... The certification to conduct WOF checks may be at stake.


Complaint will be made no matter what the outcome. In more ways than one it could have been a costly mistake).

How do I find out if they are a MTA member? I've checked out their website but see nothing.

[FJRider]

NZTA may be the one's that authorise WOF certification. A phone call to them may answer that (0800 number ???) THEY may be interested in the case too ... (Withs LOT'S more power behind them)

[XxKiTtiExX]

NZTA may be the one's that authorise WOF certification. A phone call to them may answer that (0800 number ???) THEY may be interested in the case too ... (Withs LOT'S more power behind them)

Awesome thank you. Might explain why he completely changed his tune the minute NZTA were mentioned.

[FJRider]

Awesome thank you. Might explain why he completely changed his tune the minute NZTA were mentioned.

As I understand ... the authorisation is to an individual ... NOT to a company (ie:a workshop as a whole). Small garages may do WOF's ... but shortcut the "system" by non certified persons doing the check. And the signature on the resulting WOF test sheet is not theirs... but the "authorised" person to do the tests. (AND ultimately the one responsible)

[Laava]

What is the dollar value? Just interested cos the price of the replacement bolt will prob be cheaper than the cost of the fuel to get there. Don't put too much energy into a tiny value item is my advice. Things like this happen from time to time and the end result is that no-one got hurt, so it is not so bad.

[scott411]

As I understand ... the authorisation is to an individual ... NOT to a company (ie:a workshop as a whole). Small garages may do WOF's ... but shortcut the "system" by non certified persons doing the check. And the signature on the resulting WOF test sheet is not theirs... but the "authorised" person to do the tests. (AND ultimately the one responsible)

both the tester, and the business have to be registered,

[XxKiTtiExX]

What is the dollar value? Just interested cos the price of the replacement bolt will prob be cheaper than the cost of the fuel to get there. Don't put too much energy into a tiny value item is my advice. Things like this happen from time to time and the end result is that no-one got hurt, so it is not so bad.

Put it this way it had been like it for what was described as a "period of time." Parts had to be replaced, it had apparently gone beyond just a stripped bolt. Between $300-370 not to sure on exact figure as it isn't my car. I understand its a minimal price to what it could have ended up being. Have written up an email that will be sent outlining a section in the VIRM, along with the WOF sheet. If there is a result, good. If not, time for her to cut her losses.

I think mostly what gave her the shits is being hung up on mid phone call with the guy.

NZTA has requested a complaint form is filled in along with a copy of WOF sheet and a letter from the repairer so that they can investigate further.

[FJRider]

What is the dollar value? Just interested cos the price of the replacement bolt will prob be cheaper than the cost of the fuel to get there. Don't put too much energy into a tiny value item is my advice. Things like this happen from time to time and the end result is that no-one got hurt, so it is not so bad.

Although the LTSA admit the test does not not cover ALL parts of the vehicle, and there may be problems with parts NOT checked. If the workshop concerned did not take reasonable care to ensure the parts that were ... was not taken (in this instance) An explanation why not ... to LTSA may be required.

In this instance, no further damage ... or injury ... resulted. But easily could have.

That little white sticker is no guarantee the vehicle is absolutely safe. Even directly after a test. Had the OP not checked out a possible issue ... as some women would not (the little white sticker says it's safe) and continued ...

[FJRider]

both the tester, and the business have to be registered,

But if they have no authorised tester available/able to do the tests ... the business is not allowed to perform the tests.