The consumer’s issue:
“The business has refused my warranty claim based on the information provided, and explained that the problem with my car was the result of wear and tear. My complaint included the point that, in their conditions and exclusions which I was given when signing up to the warranty, it states no liability will be accepted for wear and tear or the gradual reduction in the operating performance commensurate with the age and mileage covered by the vehicle.
My point was that, my vehicle only had around 40,000 miles on the clock at the time of repair, and wheel bearings are expected to last around 100,000 miles. This means that the fault developed by the car was by no means commensurate with the above facts.”
The accredited business’ response:
- The customer’s claim has been declined, as the part in question failed due to wear and tear, and is therefore not covered by the warranty agreement.
- The warranty provides cover when a component suffers sudden mechanical breakdown, as defined in the terms and conditions. Mechanical breakdown is defined 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 adjudicator found that failure of the wheel bearings was not covered by the terms of the warranty, as the damage occurred over time, and therefore, cannot be classified as a “mechanical breakdown”.
- The consumer did not provide any technical evidence contradicting the business’ decision, meaning that the complaint could not be upheld in favour of the customer.
Conclusion:
- The customer and accredited business accepted the outcome as recommended by The Motor Ombudsman adjudicator and the case was closed.
