Car hire refund claim

Posted on Categories Case StudiesNew Car

The consumer’s issue:

“In August 2018, I took my car for an MOT, but it failed due to the front subframe being corroded. The vehicle was within the 10-year manufacturer’s warranty, so the manufacturer agreed to replace it. However, the parts were on back order, and it took two months for the repair to be completed. The manufacturer only supplied me with a courtesy car for five days, so I had to hire a car for the rest of the time. I’m therefore looking for the manufacturer to reimburse me for the vehicle rental costs that I have incurred.”

The accredited business’ response:

  • We covered the cost of replacing the subframe, but some parts were unfortunately on back order.
  • We also paid for a hire car for five days, and provided a £45 cheque to cover the cost of the new MOT.
  • We don’t think we should have to pay for any of the customer’s other costs.

The adjudication outcome:

  • The Motor Ombudsman adjudicator considered the complaint, but didn’t uphold it. She said there was no obligation for the manufacturer to provide a courtesy car.
  • The consumer remained unhappy with this assessment and asked for the complaint to be looked into by an ombudsman.

Ombudsman’s final decision:

  • The ombudsman didn’t uphold the customer’s complaint either.
  • She said the vehicle manufacturer’s liability is limited to covering the cost of repairs for faults that have arisen due to a manufacturing defect.
  • She acknowledged there was an inconvenience to the consumer, as she was without a car for two months due to parts being on back order, but the ombudsman said that this was unfortunate and not something that couldn’t have been controlled.
  • The ombudsman also noted that the consumer hadn’t supplied any evidence of the hire costs she’d incurred during this period. But nonetheless, she noted the car was nine years old when the subframe was replaced, and concluded that the manufacturer was under no obligation to keep the consumer mobile during the time that they were without their own vehicle.
  • Both parties accepted the final decision, and the case was closed.