However, he has recently taken on a new chap who didn’t bolt my rear brake caliper back on properly, with the result that it fell off and got wrapped in my wheel while I was riding. It damaged the wheel and ripped the brake pipe off the caliper.
More through luck than skill I stayed on, but I could have been killed. So far the dealer won’t pay for anything, as the new mechanic says he did all the work properly and I must have fiddled with things after I left. What can I do, as I feel really stuck here for a solution?
Answer
You need to prove on the ‘balance of probabilities’ that the dealer did something wrong. Therefore, if the caliper fell off the day after it was serviced (and they did the brakes), then it would be likely you will be able to persuade a court the dealer is to blame.
However, if for example the service was done six months ago, a court may be slow to accept it was the dealer’s fault. As for bringing a claim, it is likely this will be a Small Claim as the loss is relatively modest; i.e. a damaged wheel etc. and thankfully you were not killed.
Andrew Prendergast
January 2015
