[Windy]

Can anyone tell me for definite if when you drive a vehicle with a fault you are aware of. Are you covered.

the reason I ask we are still struggling with a worsening vehicle and although they know it has a fault and say it has a fault they don’t know what the fault is, they wish to do more diagnostics but not repairs yet (Suspension) I now feel that we should no longer drive it and although we will be off the road I don’t really see an option any longer, I think it may be worth asking RSA and that will probably put the whole thing to bed.
we have been offered hire cars but they are neither like for like nor electric and to be honest we couldn’t afford to run them. I think we have been scuppered, and our only option is to have the contract cancelled which is what we thought 5 weeks ago, but we’re convinced to give everyone opportunity to solve issues.

The car had a total of 6 faults 2 major 4 minor only one was fixed in 3 days away that was putting the gas in the A/C which in fact isn’t a repair but a completion of a factory failure. So the most important fault the Suspension isn’t sorted this is so long as we don’t mind a sticking door a failed window and continued software failure, oh and the heater but I think I have sorted that now.

thanks for your help all this isn’t my car it’s my wife’s I am her carer driver and this is really bringing her down.

Topic

[Rene]

That’s not the only problem you need to think about. If you knowingly drive a car that’s unsafe, and have an accident – not only do you need to worry about your insurance, but your license too.

Section 40a of the Road Traffic Act says:

These regulations affect both private vehicle users and companies.

A person is guilty of an offence if he uses, causes or permits another person to use a motor vehicle or trailer on a road when:

the condition of the motor vehicle or trailer, or of its accessories or equipment, or
the purpose for which it is used, or
the number of passengers carried by it, or the manner in which they are carried, or
the weight, position or distribution of its load, or the manner in which it is secured, is such that the use of the motor vehicle or trailer involves a danger of injury to any person.

In the eyes of the law, you are responsible to make sure your car is roadworthy.

Defective Vehicles

In regards to insurance, here it says this:

What doesn’t comprehensive car insurance cover?
Comprehensive car insurance protects you against a lot of risks, including accidental damage to your own car and any harm you cause to third parties or their property, plus fire, weather damage, vandalism and theft.

It won’t cover you for general wear and tear (the cost of replacing worn brake discs, say), a punctured tyre after driving over a nail, or (in most cases) putting the wrong fuel in the tank. It also won’t cover any claims that are linked to certain general exclusions. Among others, these include driving a car that isn’t roadworthy, so keeping on top of that wear and tear maintenance is crucial. As standard, you also usually won’t be covered if you use your car for work purposes other than commuting.

Car insurance exclusions

I’m not 100% sure why you’re even going through that ordeal, your car is a lemon, you should’ve rejected it immediately and demanded a replacement or took another car. I understand that financially that might not be that great an option, but in the end you’re asking us here whether or not you’re covered to drive a clearly unroadworthy van. It doesn’t matter whether or not you’re covered (and you’re clearly not), just ask yourself if putting yourself and even worse, innocent others in danger is the correct thing to do.

I can empathise with it being a really shtty situation for you, but i do not understand why you’re asking for advice, particularly for the insurance. It doesn’t matter whether or not you’re covered (and you’re not) – you shouldn’t put yourself and others in danger by driving a pile of crap that you know isn’t safe.

[Windy]

Thank you Rene it’s just confirming what was suspected the car isn’t being used as such just to confirm, but interestingly at the beginning of this saga we asked for an independent suspension report we thought as Motability had a contract with Kwik fit it would be an ideal way of confirming it’s safety. But MB refused to allow it and said it has to be main dealer who as you know haven’t done it we asked to reject the vehicle over 3 weeks ago and we’re duped into waiting now loosing all opportunities of replacement vehicles. Tomorrow the contract ends regardless. We tried today but our case remains at the behest of a senior manager. I feel it’s unlikely we will have transport any longer.

[joss]

As Rene says, it’s time reject this car as not fit for purpose. His advice is solid and one I support.

Joss
***🌻🌻🌻 ***
Current car BMW X2 2.0i Sport sDrive Auto 2019 with Sport pack
Last car Ford Focus Titanium 1.5 TDCI
Builder of Gaming PC's

[Kwikfitman]

You are in a contract with motability have you kept your part of the agreement by sacrificing your motability component

 

Answer yes

 

Have motability provided you with a car/ van that is

Fit for purpose

Answer No

Breach of contract

Will be very easy to win your case if you have to explain this to motability and things will start to happen quite quickly if not then get a solicitor to write them a letter and gues what motability will be paying for that too

Go get legal advice

Keep a record of all correspondence and get everything in writing

You have not received what is in a binding contract so the law is there to protect you

[fwippers]

Windy, please let us know how you get on. Often a phone call to Motability telling them firmly but politely what you want is sufficient.

[Windy]

Hi fwippers car is cancelled finally so now we have the whole thing to start again heho at least it’s going

[Kwikfitman]

Windy in no way should you be out of pocket for a single penny you should be back in the same funacial position as you were before you started

Its very frustrating I know but you have done the right thing.

 

Good luck with your next order I do hope motability can offer some assistance.

All the best

[fwippers]

Windy wrote:

Hi fwippers car is cancelled finally so now we have the whole thing to start again heho at least it’s going

Once bitten twice shy. Hopefully you’ll find something better soon. Best of luck.

[Author]

Replies