Airbags and MOT

[Admiral Huddy]

We bought an old Renault Clio from a local car dealer for my daughter’s first car just to get her started. It was sold with a new MOT, mechanical checks to confirm the car was in safe condition and a 3 month mech warranty. The HP check came back clean so all seemed good. Putting faith in the dealer, I thought this would be safer bet than going private. For the interest of my daughters safety, I got the cambelt, brakes and tyres replaced at my own choice.

A few weeks later, the car broke down which happens and fair enough it wasn't anything serious but we noticed the airbag light had come on. The RAC guy said we should get that checked so I took it in to reputable local garage that ran a diagnostic check which came up that the car had been involved in an accident, so it maybe the airbag light comes on and off intermittently.
The garage said it shouldn't have passed the MOT as according to new laws. If a car is fitted with an air bag then it must be in fully working order otherwise it will fail.

Question, would an MOT pick up a failed airbag even if the airbag warning light was off? i.e would they have run a diagnostic check as standard.?
In which case, would an MOT advise that the car had been in any incident which caused the airbag to be replaced at some point?


So as it stands the car isn't roadworthy and will cost Around £600-£800 to replace the airbag circuity.

Thanks

 

[Admiral Huddy]

Some good info there chaps . thanks. Tis helps a lot..

I would think the opposite. If it's true that the car has been involved in an accident prior to the OP purchasing it then it's quite likely that this is what caused the intermittent airbag fault.

In this case it's pretty obvious that the fault WAS present when the car was sold.

When I had the car serviced the day after we picked it it, up we got a free MOT as part of the service. He wrote down the air bag light was goimg on as an advisory and that is was nothing to worry about. Again, why would i not trust his judgement given i know nothing about cars..

It was only when we got a second opinion and after the RAC took a look that we realised this wasn't the case. So we have written down that the light was "on" the day after we she picked it up.

What about the fact the OP wasnt made aware of the history of the car? And due to the previous accident this fault is present?

He'll protest this until he's blue in the face.. we just wanted to make sure we get our fact together before making the trip to see him.

is it worth contacting VOSA or DVSA as it is now?


I feel pretty **** right now that i've let my daughter down and i should have done more.


I friend of mine is a car nut and said, tbh, he probably wouldn't have done anything different than what i already did..


I appreciate the help guys. thanks

edit

Do you have the details of the fault causing the airbag light to come on ? A lot of older cars are going to have some form of accident repair it doesn't mean it is causing the airbag fault.

Clio's aren't exactly known for quality electrics it is a common fault for wiring faults under the seats causing the airbag light to come on.

I don't no. As far as i know, it just failed the diagnostic check and said they would normally replace the whole motherboard circuitry as standard.

 

[Admiral Huddy]

Is the fact the airbag light is going on actually on the MOT certificate as an advisory?! Pretty sure that should be a failure.(I may be wrong here)

If it is on the MOT certificate, then IMO you have a pretty watertight case against the dealer with regards to the fault being present at the time of purchase, and in fact the tester should possibly be reported to VOSA if the car should have failed the MOT.

Googling around at some articles I've been reading, it's a fairly new law and is causing some confusion with testers it seems.

Unless the OP specifically asked if the car had been in an accident before purchase, there is no requirement for the trader to reveal that information. The trader may not even have been aware.

Agreed and hence my question in the OP.

It might be his fault but the car was supplied with a new MOT which may have not been valid.


This is quite useful.

9. If the vehicle you sell is not of 'satisfactory quality', the customer is legally entitled to a number of possible remedies, which may include a full refund or a repair or replacement vehicle.

from SOGA.

 

[Admiral Huddy]

In this case the dianostic check found a fault with the unit itself.



Anyway, thanks for the advice guys. Was all very helpful. Long story short.. we took the car back to the dealer who gave us a full refund.

 

[Admiral Huddy]

it wasn't without a fight i can assure you - I just sent the wife in while ai grabbed the popcorn

 

[Admiral Huddy]

i was compensated .. not fully but I cut my losses.