Question posted in the Consumer Protection Law category relating to Western Cape
Hi there.
I sent my car in for repairs at a workshop for an oil leak. It was done at Bosch Repair Center. When I booked my car in, there is an inspection process that happens before the car is checked in. I signed off on the inspection as there was no faults found on the car. When I collected my car it was parked on level ground.
I left the repair shop and I stopped off at a shop which was on a hill and I noticed the undercarriage was loose. I immediately called them (this was not even 15 minutes after I collected) went back to the workshop to show them and they did a quick fix with a cable tie. I told them this is a temporary solution and they will need to fix it properly.
They said they will need to speak to the manager and get back to me. It's been a week later and now they are claiming that they did not work on this area of car and they they are not liable. They say the damage must have happened when I left the workshop (which was not even 15 mins time span after I discovered the damage).
Am I liable for this or are they? Do I have a case?
Message from the Lawyer
Hi there and thank you for your question,
I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.
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The service centre will most DEFINITELY be liable for the repair costs if you can prove that they were responsible for the damage. I'm not 100% sure what a loose undercarriage is, and why it would have happened if the service centre was dealing with an oil leak.
This is a factual question that you will need to get the answer for, before taking it further.