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Rescue service liability?

Hi, a few weeks ago we were in Blackpool to see my niece in a show, as we were leaving Blackpool I noticed smoke coming from the back of the car, considering it never smokes I was naturally concerned. I pulled into a shopping complex car park and investigated. It was definetely smoking from the exhaust and smelled of burning oil. Suspecting turbo failure and with a 300 mile drive home I called the recovery service to get relayed home as I didn't want to cause any further damage if the turbo was on its way out, and also didn't want to be stranded on the M6 as my wife is under medication for anxiety. The recovery service sent out a mechanic to look at our car as they wouldn't authorise recovery without attempting a roadside repair, the mechanic said it's running really sweet, not smoking much, try cleaning the egr when you get home, it's ok to drive on, is asked if he would personally drive the car 300 miles if he was in my position and he said yes, he did top up the engine oil (about a pint) i said that's unusual it very rarely needs topping up I checked it the day before our journey and it was fine, "all cars use oil" was his reply! So we set off home on his advice (no fault found was his verdict on the report) and I expect you've guessed the next bit, 75 miles down the road we suffered total turbo failure and was stranded on the M6. I have looked to the recovery service asking them to foot the bill for the additional damage caused to the inetercooler and catalytic converter and the labour involved in replacing these items, firstly the wanted written estimate which the garage did, then they wanted the car assesed by an independent expert that they arranged and paid for who said that all the work would be needed in the event of turbo failure, and we have been offered a goodwill gesture of £30 for the inconvenience caused by not recovering us in the first instance. My argument is that yes the turbo was on its way and I would have had to replace italong with enigne oil change gaskets etc. I would however not have had the addtional issues such as all the engine oil being drawn into the intercooler and pipework, and a catalytic converter coked with burn engine oil, I have no qualms about paying for the turbo etc. as I would have had to do that anyway had I been recovered in the first instance, I am asking for if not a full contribution to the additional costs incurred at least a reasonable offer towards it. Am I wasting my time with the recovery service or do I have a justfiable case? The total costs involved are similar to the value of the car. I have left names and costs out in case this gets to a public forum, not into naming and shaming people, I will fill you in with further information if you need.

Asked on 30 May 2015 by Frodo-ford

Answered by Honest John
You say, "then they wanted the car assessed by an independent expert that they arranged and paid for who said that all the work would be needed in the event of turbo failure." This implies they accept liability for the additional costs. In turn, you are being both sensible and "reasonable" in not claiming for the turbo, only the damage consequential of the turbo failure which their roadside guy had said was okay. So if this money is not forthcoming, take the matter to the Small Claims Track of the County Court. Keep your claim brief, avoiding all the personal details of the daughter and nervous wife that no judge has time to read.
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