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Car damaged due to contaminated fuel - who's to blame?
I purchased a two year old 19,000 mile car from a large car supermarket three weeks ago. I collected the car and drove it the 50 miles to my home. Within a day, the car refused to start and was towed to the local main dealer, where it has remained ever since. The dealer believes the problem is down to contaminated fuel, but cannot confirm whether this was the small amount of fuel in the car when purchased it or the fuel I put in immediately after purchase - I put in the correct fuel and the receipt to prove it.
The car supermarket say this isn’t a warranty issue due to it being a result of outside interference and want to charge me to get the car back. I have been pushing the car supermarket to exchange/refund me for the car as it was not fit for purpose, but feel they may try to deflect the situation on to the petrol station who I believe are unaware of the issue.
Am I correct in saying the liability is with the car supermarket and the onus is on them to prove someone else is liable and reclaim damages if they can?
The car supermarket say this isn’t a warranty issue due to it being a result of outside interference and want to charge me to get the car back. I have been pushing the car supermarket to exchange/refund me for the car as it was not fit for purpose, but feel they may try to deflect the situation on to the petrol station who I believe are unaware of the issue.
Am I correct in saying the liability is with the car supermarket and the onus is on them to prove someone else is liable and reclaim damages if they can?
Asked on 21 October 2013 by AFCWaltonDon
Answered by
Honest John
In theory you are right. But the problem is where the contaminated fuel originated. It might have already been in the car. Or it might have come from the pump when you filled up. If the dealer says that it must have come from the fuel station when you filled up, how do you disprove this? How much did the car cost?
If under £10,000 you can take your case against the seller to the small claims track of the county court, that might find in your favour, but that will not be a quick solution. One thing you do need to do is get a sample of the contaminated fuel. Forensic examination of that might establish what sort of contamination and hence where it most likely occurred.
If under £10,000 you can take your case against the seller to the small claims track of the county court, that might find in your favour, but that will not be a quick solution. One thing you do need to do is get a sample of the contaminated fuel. Forensic examination of that might establish what sort of contamination and hence where it most likely occurred.
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