Sometimes life coughs up coincidences no writer of fiction would dare copy.
Stephen King
Our clients carried out a service and MOT on a motorbike owned by the Claimant.
The only mechanical work carried out was to a faulty front wheel, together with a change of oil and oil filter.
The Claimant collected the bike and drove home, and after about 30 miles the engine seized.
The Claimant, of course, assumed that it was the work carried out by our clients that caused the failure of the engine. Following the breakdown of discussions, they issued legal proceedings.
Offers to settle were made to avoid the hassle for the client of attending court if possible, including offers of up to 50 percent of the claim. However, the Claimant was adamant that our clients were completely responsible and rejected all offers.
The court authorised the instruction of a motor engineer to inspect the vehicle. A respected TT racer garage produced a report stating that the cause of the fault was oil starvation, but they could not say when this occurred or what caused it.
Therefore, when it came to the hearing, the Claimant was relying on the coincidence that just 30 miles after the work was carried out, his bike suffered an engine seizure requiring a new engine.
The clients were able to demonstrate to the court that they had carried out the service in the correct manner.
They pointed to the fact that the vehicle was taken to an independent MOT testing station. As it failed on the first test due to a front wheel fault, it was taken back for a re-test, where a different tester examined it. Neither of these testers, nor our clients, found any issue with the oil or the running of the bike.
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There was no evidence to support the claim that our clients had performed the service and repairs without reasonable care and skill. As a result, the Claimant’s claim was dismissed by the court.
Sometimes something that happens is exactly that, a coincidence, and there is no link between two events.
If you get such an allegation, come to Lawgistics so we can assess the incident for what it actually is and not what the customer wants to assume. Remember, our members can also access our legal helpline and casework service to get support when faced with claims like these.
