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Hyundai Santa Fe - Consumer righs - monkey66

I bought a car in April for approx 6000. After 11 weeks and 6500 miles I had a flickering oil warning light whilst on the motorway. As there was no emergency, I carried onto the next service station which was approx 6 miles. I checked the oil which was fine, started the engine, there was no warning light so continued on the journey. A short distance later, the warning light came back on, this time with a banghing from the engine. I pulled onto the hard shoulder and called recovery. I've since found out the oil pump failed and the small engine needs replaced at a cost of approx £5000. I sent the details to the dealer who to be honest didn't want to know. I've followed the process via the consumer rights website and today received a letter stating that as I did not pull onto the hard shoulder immediately as per the owners guide I am responsible for the damage through negligence.
I followed the guidence of the highway code to the letter (rule 270). Can this be considered negligence on my part?
I am now completing the forms on moneyclaim.gov.uk to take the matter further.

Hyundai Santa Fe - Consumer righs - andyp

You should have pulled over on to the hard shoulder and turned the engine off straight away. To drive 6 miles after you saw the oil light flicker was being negligent in my opinion. There may already have been damage caused but you would have then done everything you could to mitigate the damage.

Edited by andyp on 04/08/2015 at 08:14

Hyundai Santa Fe - Consumer righs - RT

Major mechanical malfunction, which a flashing oil-pressure light is, constitutes a sufficient emergency to stop immediately on the hardshoulder, investigate and if appropriate phone your breakdown service.

I think you'll find you've learnt a very expensive lesson.

Hyundai Santa Fe - Consumer righs - FP

"... I had a flickering oil warning light whilst on the motorway. As there was no emergency..."

I think this really sums things up. The OP did not interpret the flickering light as being serious. Perhaps he was thinking that if it had lit up fully and remained on, then that would have been serious. If the light comes on at all, it indicates some loss of oil pressure. That is serious.

As others have said, the OP ignored the warning and drove, as we now know, for six miles, and that's when the damage was done.

I have to agree that the OP has no come-back against the dealer.

The Highway Code says nothing about how to look after your engine, so that cannot be used as an excuse. (FWIW, section 270 says, "You MUST NOT stop on the carriageway, hard shoulder, slip road, central reservation or verge except in an emergency...") As I said, the OP did not realise the seriousness of the flickering light. That was an emergency.

It's a hard lesson and an expensive one. Bad luck, I'm afraid.

Hyundai Santa Fe - Consumer righs - Palcouk

Unfortunately the fickering warning light was the emergency, but you ignored it for some 6 miles, ending in an engine failure.

You have no claim against the dealer, so save yourself the anguish and costs and dont persue any.

A recon engine from a specialist is substantialy less than the price you quoted.

In any claim you have to mitigate the loss, and trying to claim for a new engine is no mitigation

Hyundai Santa Fe - Consumer righs - monkey66

Thanks for the replies. I have now spoken with a solicitor on the matter. The term emergency is purely subjective and is down to the interpretation of the individual which is what I thought.

In my own mind I have done everything possible. Exercised duty of care to my passengers, other road users and my property in order to minimise the potential for harm and damage.

There was no warning light on restarting the car and therfore as far as I can tell, the car is fine to drive.

I've followed the instructions within the owners manual in that I have stopped at the nearest safe area which at 5am when other road users are tired is not the hard shoulder, and carried out the necessary checks.

The process will now run its course.

Hyundai Santa Fe - Consumer righs - FP

It seems you've decided to go on your own way here and it would be interesting for us to know the outcome.

I think you should be careful about how much you spend on trying to get satisfaction out of the dealer; I note you have "spoken with a solicitor" - I hope on a free initial consultation.

I don't trust lawyers. You may well be told what you want to hear, in the hope that you'll give them some (paid) work even if there's no chance of success. A solicitor might be the only one who gets any money out of this case.

Some of us will privately have some thoughts about your chances of success, but I hope you will be able to prove us wrong.

Edited by FP on 04/08/2015 at 18:35

Hyundai Santa Fe - Consumer righs - skidpan

The hard shoulder is there for drivers to stop in an emergency.

The oil pressure light indicates a loss of pressure which if ignored could lead to engine failure. In the worst scenario the engine could sieze resulting in the driver loosing control of the vehicle, having an accidnet which could well involve others.

If that is not an emergency I don't know what is.

What would you do if you had a puncture at the same time of day on the same motorway? Would you have

a) continued at a slower speed (which is dangerous)

b) continued at your normal speed (which is dangerous)

c) stopped and changed the wheel (or called your breakdown service if you don't have one or are unable to change it yourself)

If its anything but C you need to consider giving up driving.

As for you chance of winning your case, forget it. By ignoring the warning light you have made the damage far worse than it probably would have been. The handbook for your car will advise you what to do if the oil warning light come on, it will definietely not say "drive for 6 miles, stop switch off, restart and continue". Your arguement that it was unsafe to stop on the hard shoulder at 5am is a total non starter.

Your legal costs will be far greater than the costs of the new engine. Take the advice of the other forum members (and myself) and accept this one resulted from your poor judgement.

Hyundai Santa Fe - Consumer righs - scot22

I have no wish to sound pompous or patronising, FP I have to compliment you on your post which is so courteous . The sentence 'Some of us will privately have some thoughts about your chances of success, but I hope you will be able to prove us wrong.' is a classic of how to express an opinion politely.

Posters have given excellent advice. You sometimes wonder why people post if they then ignore comments. The advice relating to the legal system is spot on, in my opinion.

My late uncle, who was a prominent solicitor, always advised me to be careful of becoming involved. He pointed out that solicitors only give advice, and so can avoid comeback by saying you didn't have to take it.


Hyundai Santa Fe - Consumer righs - monkey66

As I have said, thankyou for the advice, it is appreciated. I have taken advice from several other sources too, one of which was a solicitor. None of the advice has been taken as a single source of the gosphel when it comes to this whole situation but when laid down and taken as multiple sources, the overall advice has been to challenge this. The only source advising against challenging the dealer is this forum. It may well be you are all right, it may well be I'm heading in the wrong direction with this. Time will tell.

Again, thankyou for taking the time to pass on your advice.

Hyundai Santa Fe - Consumer righs - gordonbennet

Good luck, you're going to need it.

I think you've given the dealer an easy get out, where he would have been responsible for the pump failure and would have had to fix it, by not stopping you effectively wrecked the engine and by doing so you've let him off the hook.

Hyundai Santa Fe - Consumer righs - RobJP

It's a tough one.

On the one hand, a red oil light indicates low oil pressure. Ignoring that light - even 'just' for 6 miles, could be viewed as gross negligence.

On the other hand, should you be expected to know, off by heart, what all the symbols mean ?

A third point, however : If you're happy to quote sections of the highway code in support of your actions (which indicates you knew the code, and followed it), then it starts to become 'reasonable' to expect you to have read the handbook too.

It was 5am, and 6 miles until you could stop. A bit different to a few hundred yards, and very different to rush hour.

If you're going to use the argument that "It was 5 am, drivers are all half-asleep, I'm not using the hard shoulder", then you could use the same argument at virtually any hour of the day or night. 8am ? Rush hour. 12 noon ? business meetings, people not paying attention. 6pm ? rush hour. Etc, etc.

You also have an obligation to mitigate the costs of repair. So, putting a new engine in your car (you don't say how old it is, 8 years, possibly?) all done at main agent prices, would certainly not be 'reasonable'. You will gain from that, to a large extent. It is called 'betterment'. Your car will be worth more.

A rebuilt engine, or one from a scrappies, would be more 'reasonable'

Hyundai Santa Fe - Consumer righs - scot22

Monkey, I apologise for underestimating the range of advice you have sought. No one on the forum can be 100% certain of an outcome, and you have been quite correct in gathering opinions.

Again, without wishing to be pompous or patronising, your responses have also been courteous and well reasoned.

An interesting thread. I am sure we all wish you success and please let us know what happens.

Best wishes for a successful outcome.

Hyundai Santa Fe - Consumer righs - pd

I fail to see how proceeding along a motorway with an engine about to sieze is safer than pulling over to the hard shoulder and getting all passengers out the car and on to the embankment to safety.

An engine locking up can have very dramatic results.