Ask an expert

I need some advice about terms and conditions.

My battery burst into flames today as I got home from work. I had just had the head gasket worked on about a month before this.

After putting out the fire, I noticed a electronic circut board and a small mounting bracket was floating freely next to the battery.

There were some sizable sparks from various wires, so I disconnected the battery.

I have been back to see the repair shop since, having the car towed to begin repairs. My main issue is money. Should I be liable for these damages as the battery and electronic unit were firmly in place before I had the work done.

Just for the record, the work I had done before this problem was a new head gasket (including machining the head) and a new water pump. The radiator was also flushed and a new cam belt fitted.

Russell

From the "Ask Jack" archives - 18 December 2010

I assume the car is back with the garage who carried out the original job (head gasket / water pump etc).

You need to ask them quite directly whether or not they accept responsibility for what has happened.

If they say yes then they should be claiming from their public liability insurance (hopefully they have such cover) and therefore there should be no cost to you. If their answer is vague or they deny any responsibility, I would not be authorising any repairs to be started until this is sorted to your satisfaction and total understanding.

Once repairs are started, all or some of the evidence of the possible cause of the damage could be lost and it can make your job of getting the garage to accept responsibility a lot harder.

If the garage is a member of the Motor Trade Association (MTA) you can ring their mediation line and ask them for support in sorting this out.

If they are not members of the MTA, you may have to consider seeking both an independent assessors report and / or advice from a lawyer.

First step though is to sit down with the most senior person at the garage and ask them who is going to pay to restore the car back to its previous condition. If they hedge I would be putting a stop to the job immediately.

Judging from your email, I suggest you tell the garage you are not expecting to pay anything towards the repairs unless they can prove beyond doubt it wasn't their fault.

I know its Xmas and you no doubt need your car but don't rush into this Russell and stand your ground.

It's one of the real bonuses of taking your car to a AA Approved Repairer. In cases like this (which are very unusaul but they do happen) the AA can mediate and work with all concerned to bring the matter to a satisfactory and quick conclusion. In this particular case we can only offer advice.

The comments I have made are based on the understanding that nobody else has worked on the car or the area around the battery has not been touched by another party since the repair (head gasket etc) was carried out.