Short version. A lady bought a car from a dealer far south of the bombays She drove the car for 1700km The car stopped going because the engine seized The cause of the seizure was that the rad tank split spilling coolant out and the driver carried on driving with the temp gauge off the clock. The decision was that the dealer has to refund the purchase price of the car because the engine seized. What do you lot think of the decision!
the.company,
Sep 25, 12:06pm
sounds like a dodgy head gasket,or a possible head problem,had a can of headgasket repair in a can in it,we strike it all the time in the truck wrecking game,you have to give your customer some assistance,i would doubt it would be her fault something serious has to happen to blow the radiator apart,and quite often with no water around the water temp sender the guage doesent even move much,bet the water in the radiator is brown.
jason18,
Sep 25, 12:21pm
But it was her decision to keep driving it with temp off clock therefore seizing an engine. If she had pulled over she would have saved engine and had dealer fit new radiator if it was to be dealers fault. Kaz never said radiator blew apart he said radiator tank split. Happens all the time especially with these cheap and nasty radiators entering the market. Also it states gauge was of the clock meaning to say customer knew it was overheating. Just another thick driver that blames everyone else
sw20,
Sep 25, 12:25pm
Disgusting. Reinforces the lack of personal responsibility required in this country.
I can only think the dealer didn't prepare so well for the hearing, thinking it was a no brainer, yet the complainant went to some lengths to show the dealer at fault.
kimbo88,
Sep 25, 1:02pm
It's an absolute disgrace - the seizing only occurred due to the driver's negligence, not because of the problem.If the driver had've pulled over and stopped and got the car towed or trailered somewhere, the problem would have been fairly minor and not very expensive.Plastic top tanks become quite brittle with age and can split easily - I've had one occur myself.Stopped car on the spot, relocated it, pulled the radiator out and got the top tank replaced. Even if they had to pay full labour for that it pales into insignificance compared to a seized engine caused by only stupidity and irresponsibility.So what are they going to do if the low oil pressure light comes on - keep going in the hopes that they will get home before it grinds to a halt again!Unbelievable, and to pander to people like this just causes more grief.
smac,
Sep 25, 1:06pm
OK I'll play devils advocate:
Sounds like half the story to me, and/or, there's a whole bunch of assumptions being made here.
Firstly, a cooling system with NO coolant will NOT 'read off the clock'. It may show normal, or even cold. It is entirely possible for this scenario to eventuate, up to and including the seizing, without the driver being alerted to anything at all being wrong. Depends on the engine and the warning systems in place. You guys have no idea what kind of car or it's condition, yet you thing it's all the drivers fault.
kazbanz,
Sep 25, 1:14pm
WRONG -The radiator tank was found to have split purely from old age. The event sequence was .--- Car given a PP inspection -NO mechanical faults noted.Car water level checked, car driven non stop for 400 ish km. Radiator tank developed a split(maybee before this event),Car continued to be driven. The driver "diddn't notice" the temp gauge was really high then really low untill the car lost power. She then noticed the cloud of steam coming from under the bonnet. Those facts were not disputed by either party.
elect70,
Sep 25, 1:19pm
My mrs was same, did nothingto her car, reckoned the steering was crook one daybut on looking the tyres were half flat.never checked water or oildespite being shown how .& as to above , there is enoughwarningsthe car iscooking .-pinking, rattlingsmellsreal hot ,engineslowing . i reckon it should have ben a 50 /50 call , butits all thesellers fault& owner stupidity doesnt count .these days
jason18,
Sep 25, 1:20pm
Im going off what Kaz has stated. The temp gauge had been off the clock.Drivers fault if they didn't notice.
lyonruge,
Sep 25, 1:21pm
Most warranties/breakdown insurers have a clause like, continued use after failure voids claim, or something along those lines, hard to believe this decision went the way of someone who drove 1300km with no or little coolant and didnt realise, Bad show old man!
the.company,
Sep 25, 1:26pm
yeah right mate,.how do you know the guage was off the dial!
kazbanz,
Sep 25, 1:27pm
ohh and guys--it wasn't me but I went "what the hey"It doesn't sound right that a person isn't held responsible for their own actions.
smac,
Sep 25, 1:28pm
Kaz they may not have disputed the facts, but if the driver didn't notice the dial was high, how does anyone know it WAS high!
splinter67,
Sep 25, 1:28pm
Kaz what was the original thread called I think that had a link in it to the proceedings
lyonruge,
Sep 25, 1:30pm
Good to hear Kaz, we were just talking in another thread about how stupid people should have to wear a sign, so that youd know, Some people! This is PC nonsense gone too far, sounds just like NZ!
kazbanz,
Sep 25, 1:30pm
good point --but ya reckon keeping on driving with steam coming from under the bonnet is ok
kazbanz,
Sep 25, 1:31pm
mehhh hey guys its no skin off mine. I just can't fathom why a driver isn't held accountable for their own actions.
smac,
Sep 25, 1:33pm
I've driven at highway speeds with a leaking radiator, and there was no steam. Sucked under the car. Once the water is gone (could be in seconds), there is no steam regardless of speed.
lyonruge,
Sep 25, 1:35pm
If the radiator tank split, it would have come out in a hurry and there would have been evidence. People this dumb shouldnt be on our roads!
rpvr,
Sep 25, 1:45pm
Do we know the make and model of car! Just interested, that's all.
mrfxit,
Sep 25, 1:53pm
True that.yes . BUT, by that stage the oil would be cooking fairly well along with any rubber hoses & engine likely starting to knock/ slow down. Seen plenty of engines stinking pretty bad on cooked oil & STILL have steam
smac,
Sep 25, 2:23pm
That's my point: .likely.should.probably- . we weren't there.
zephyrheaven,
Sep 25, 2:34pm
In my experience unless the block has been drained (unlikely in this case) the gauge will 90% of the time read fairly accurately actually
Lets guess - so the most common cars I see with blown tanks are (yours may differ & no a blown tank is no indication of any other faults - it just happens sometimes) :
BMW Mercedes Subaru Nissan
I vote the 1st one, brilliant cooling system - when its right, when it aint - it leaves you very short on time / chance to repair before engine failure
jason18,
Sep 25, 2:44pm
Im just going off what was stated in the first post .duh!
kazbanz,
Sep 25, 3:08pm
actually it was a mazda
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