Car passed MOT, accident happened could have been fatal. What next?

ButterB

ButterB

ButterB

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Hi all, looking for advice. My car passed its MOT less than two months ago, only advisories were a couple tyres.

Driving yesterday with the wife and 7 month old baby in the car, and the wheel got dragged underneath the car as the wishbone was so severely corroded it failed and snapped. This caused the car to slide on a main road, luckily we were all okay.

My question is what should I do now? What is the law regarding this if anyone knows?
Obviously the garage is at fault for passing the car when it shouldn't have been passed - that amount of corrosion can no way happen within 2 months.
 
Quite surprised, I thought MOT garages found stuff that didn't really need doing.
Back in the old days you used ot go to certain places where you could give them a bit of beer money to look the other way.

In the late 70s I pulled off a garage forecourt and I'd even pressed the brakes on the rolling road so he could test them and within 20 yards my brakes failed and I just about pulled the car up with my handbrake before hitting a car in front.
I drove home very slowly with plenty of space in front of me and then did the brakes myself.
 
ButterB said:
Obviously the garage is at fault for passing the car when it shouldn't have been passed - that amount of corrosion can no way happen within 2 months.
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Impossible to prove you haven't brought the car elsewhere or worked on it in the meantime, perhaps the corrosion couldn't have happened in 2 months, 2 months is enough to swap all good parts for bad parts... I'm trying to say that if it's your word vs the garage, it's very hard to prove they are at fault.

And people make mistakes, ultimately YOU are responsible for the condition of your car and not a third party.
My experience with garages is terrible, I'll spare you guys the rant but lets just say I just take care of my private car myself now, only leave company car at the stealer (and yes they have also messed up regular service jobs).
 
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best you can do is get a garage to replace the parts and do a report out about the condition of the wishbone, (however if its anything like around here not many would want the potential hassle of going against another garage but you never know).
you could also (i would) get the garage to check the rest of the car incase they missed anything else, it will cost you but peace of mind with a young kiddy and wife.

snowdog said:
Impossible to prove you haven't brought the car elsewhere or worked on it in the meantime, perhaps the corrosion couldn't have happened in 2 months, 2 months is enough to swap all good parts for bad parts... I'm trying to say that if it's your word vs the garage, it's very hard to prove they are at fault.

And people make mistakes, ultimately YOU are responsible for the condition of your car and not a third party.
My experience with garages is terrible, I'll spare you guys the rant but lets just say I just take care of my private car myself now, only leave company car at the stealer (and yes they have also messed up regular service jobs).
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yeap had this years ago local taxi firm running vauxhall vectors they got caught out with a faulty exhaust on one and pulled. car had been tested the day before , was proven that they had swapped a new exhaust from one to the other..:) if i remember correctly this exhaust had been on three or four just for tests local council did a full inspection :)
 
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You almost certainly won't get comeback against the garage in respect to the MOT - only exception there is if you've had a service specifically looking for safety issues.

Although many people use it that way an MOT shouldn't be something you rely on for the roadworthiness of your vehicle and it does not guarantee any degree of roadworthiness going forward, though there may be questions asked if dangerous levels of corrosion was present when it passed the MOT.

SexyGreyFox said:
Quite surprised, I thought MOT garages found stuff that didn't really need doing.
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I've never had that experience personally - though I've had things mentioned in the conversation afterwards that "might" need doing, about 50% of that was stuff which was actually important to monitor/replace in the coming months and about half them trying it on such as suggesting it was important to replace wiper blades due to "smearing" (which had passed the MOT) at silly costs like £60+.
 
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Corrosion related issues where you believe your car should have failed, but was passed, have a 3 month limit.

Fill in the complaint form here.

www.gov.uk

Appeal an MOT test result

You can appeal an MOT test result if you think it's wrong, for example, if the vehicle failed its MOT and you think it should have passed.
www.gov.uk www.gov.uk
 
Corrision, you can appeal an up to 3 months after the MOT, other items up to 28 days. Problem with suspension arms a lot are covered over by the plastic undertrays, in other words what you cant see you cant test, testers are not allowed to dismantle. This why you should keep your vehicle serviced, a MOT is only a basic safty inspection. When was your vehicle last serviced ?
 
An MOT means a car/whatever will pass on that day, not necessarily 7ish weeks later.

People think a full ticket on a used car is a good thing, no, it just means it passed on that day, nothing more.

The wishbone was serviceable on the day it passed, clearly, today, it wasn’t.

That’s where you are I’m afraid.

Be thankful it wasn’t anything worse, fix it and move on.

I would have expected an advisory at least mind you…..
 
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An MOT means a car/whatever will pass on that day, not necessarily 7ish weeks later.

People think a full ticket on a used car is a good thing, no, it just means it passed on that day, nothing more.

The wishbone was serviceable on the day it passed, clearly, today, it wasn’t.

That’s where you are I’m afraid.

Be thankful it wasn’t anything worse, fix it and move on.

I would have expected an advisory at least mind you…..
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On appeal the DVLA inspector will access the corrosion to see if it was corroded at the time of test, once again I will say that they may have been hidden by undertrays, possably in a case like this it would have been better for this to have gone through the police, they also have their own vehicle inspectors.
 
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