The consumer’s issue:
“I became aware of a noise coming from my vehicle, so I took the car to the garage for an inspection, and was told that the gearbox needed fixing. A claim was therefore submitted to the warranty company, but it was unfortunately rejected because they said it was not a sudden failure. As a remedy to this issue, I am looking for the cost of the replacement of the transmission to be covered by the warranty provider.”
The accredited business’ response:
- We declined the customer’s claim because the car was no longer on site at the garage, and the vehicle was still being driven.
- Our policy covers the cost of the repair when a component suffers sudden mechanical breakdown. It is defined in our terms and conditions as: “the failure of a mechanical or electrical component, causing sudden stoppage of its function, for a reason other than wear and tear, deterioration or negligence.”
The adjudication outcome:
- The Motor Ombudsman adjudicator noted that the customer had not provided any technical evidence to demonstrate the fault should be covered under the terms of the warranty.
- In addition, as the vehicle was still in use, this did not show that the gearbox had failed as a result of a mechanical breakdown.
- The adjudicator therefore concluded that that the vehicle warranty provider was not in breach of the Motor Industry Code of Practice for Vehicle Warranty Products, and that the consumer was therefore liable for the cost of replacing the gearbox.
- The customer and accredited business accepted the outcome as recommended by The Motor Ombudsman adjudicator and the case was closed.