My car has failed its WOF due to structural damage caused by an improperly-fitted towbar.I went to what I thought was a reputable company.They had to manufacture the towbar, and fit it.It appears that they did not attach it properly to the chassis, but simply bolted it to the floor of the vehicle.I've used it 5 times, always to tow trailers of rubbish to the tip, so never a heavy load that goes beyond the specifications listed on the towbar.Consequently, the floor of the vehicle is damaged.Are towbar companies required by law to fit towbars to a certain standard!Are they liable for the considerable costs that I have had to pay a panelbeater to repair my car to get a warrant!
msigg,
Jun 15, 5:22pm
Go back and see them to rectify it.
net_oz,
Jun 15, 8:12pm
Doesn't matter how much you have had on the trailer. YOU DON'T ATTACH THEM ONLY TO THE FLOOR.Hope you have success with them.
casper35,
Jun 15, 9:09pm
Makes you wonderhow many other towbars are out there that they havent fitted correctly, what happens if someone tows a caravan or heavy load and it comes off.They need to be reported.
tonyrockyhorror,
Jun 15, 9:21pm
The Consumer Guarantees Act allows you to claim for consequential losses. The cost of the repairs to damage done by the fitting and subsequent use in order to bring your vehicle back up to WoF standard certainly meets that definition.
You should first approach the installers with your complaint. You must under the CGA provide the opportunity for them to rectify. They're likely not going to be able to do so themselves so will have to involve a third party to effect the repair which will need to come with the appropriate documentation for the WoF to be issued.
If they refuse you would have the repair done at your cost and seek to recover the cost through the Disputes Tribunal. Gather all the evidence you can. Get someone appropriately qualified to write a brief report on the nature and cause of the damage.
You should also lodge a complaint with the Commerce Commission as this may well be widespread and while they don't act on individual complaints, they do take notice and action when it is common. As this is an issue of motorvehicle safety the NZTA might also be interested.
grangies,
Jun 16, 4:29am
What model car is it!
Are you sure they bolted it to just the floor. And not through the floor into and through the monocoque type, unibody chassis !
I can't quite work out how any towbar could be bolted into a car floor in the first place.
franc123,
Jun 16, 7:21am
Did you take any picss of the damage! I would not only demanded they fix the damage but also get NZTA involved, that industry is full of cowboys that are making and fitting junk built to a price and aren't accountable to anyone, that should be forced to lift their game or be shut down.There are only a handful in NZ with proper R&D facilities who actually do the job properly so your story does not surprise.
bigfatmat1,
Jun 16, 3:59pm
It is common for towbars to be bolted through the floor but not entirely some makes of vehicle have flat bottoms and the chassis is part of that impossible to tell where the chassis is with out accessing from the inside. very common practice to be attached through the floor and into the spare wheel well. There is no 'laws' for cars on a wof simply guidlines and no certification needed.
andrewph,
Jun 16, 5:03pm
Out of curiosity what model and year car! thanks
bashfulbro,
Jun 16, 5:24pm
Name them
sherriff_3000,
Jun 16, 5:52pm
Imight name them if I have no joy, but I'll give them the chance to do the right thing first.
The car was a Holden Omega, 2010 model.To be honest, its quite possible that they mounted the towbar to the monocoque type chassis.I'm a complete idiot on cars, and was relying on what the garage and panel beaters told me.The specifically told me that there was damage (holes, tearing) to the bottom of the car, and to the spare-wheel well.That said, there was a lot of flex in the towbar - it seemed to move quite a lot.
msigg,
Jun 16, 6:09pm
bigfatman 1 is correct, there is often 1 bolt through the spare wheel well which is fine, most tongue loads should not exceed 50-60kg. Then outside this it is also bolted to the sub chassis rails either side.
carclan,
Jun 17, 12:37am
Should have brought a genuine one from Holden.
bubbles244,
Jun 17, 12:44am
a trailer out fit in pakuranga fitted a tow bar tow a VZ hsv.car was a write off, they took the boat on holiday, stopped to let the kids out.found they couldnt open the back doors, stretched panels around the rear of the car due to improperly designed/fitted towbar.
holden came to the party and and gave the family a new car with a genuine holden towbar on it and took the trailer/towbar company to the cleaners.
another case involving same trailer company, they fitted two, two ton trojan axles to a boat trailer that originally came from the states, had to be changed due to the original axles being too wide for NZ standards.
anyway the bearings collapsed on the axles and wrecked the stubs
the boat had to be craned onto a truck on the side of state highway 1.
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