Liability in car repairs | Free advice


Questioner

I took my car to a garage for repairs. This garage did not discover the problem and suggested having the car repaired by the recognized bovag dealer. I agreed to this. The dealer then completely took the car apart and replaced all sorts of things without solving the actual problem but did charge for the costs of the work and the replacement of parts. After taking it apart, replacing it and putting it back together, the dealer stated that the engine had to be replaced, a price tag of over 6000 euros. I did not agree to this. I had the car towed home. In desperation I called the ANWB, they had a mechanic come and solved the problem. It turned out to be a defective pump. Something the dealer should have seen too! My questions are: -can i hold the bovag dealer liable for the damage i suffered? The dealer has namely carried out an unnecessary repair. I also use the car for work which has caused me a lot of lost income. Due to their incompetence/incompetence i have not been able to use my car for more than a month. While the defect could have easily been remedied and is a lot cheaper. -does it matter that i paid the dealer's bill to the first garage because the garage offered the car to the bovag dealer? The garage paid the dealer the costs of the unnecessary repair. -Which article should I rely on? I'd like to hear it Anonymously

Lawyer

You have agreed to the repair and paid the bill. As such, you have 'accepted' everything, unless you have paid while retaining all rights and defenses. Replacing everything completely is not the solution to the problem. If you have also agreed to this, then you have no legal basis for litigation. It is also important whether you have indicated in advance when you must be informed if a certain price is exceeded. Now that it is a small 'pump' that is the cause of all this, a form of abuse of circumstances has been applied. As a mechanic, one may assume that he has knowledge of the matter. If this can be made plausible, then you can hold the other party liable. For further information, please feel free to contact me directly.

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