MOT negligence

[aleksag]

Hi,

I was servicing my car at the same garage for 3 years and had my Mot's done with them.
I had a situation recently where I was going over a bump and something popped and car uncontrollably went on to the oncoming traffic. Luckily it wasn't a busy street otherwise I wouldn't be here now.
RAC and mechanic told me my car should have never passed an Mot. Car has badly corroded rear arms, which snapped and caused the rear axle failure, repairs cost £800-900.
Now, on my MOT advisories it says:
Brake pipe corroded, covered in grease or other material Nearside Rear[1.1.11(c)] and Brake pipe corroded, covered in grease or other material Offside Rear[1.1.11(c)].
Can I do anything about this?
Thank you for your help

[nitros44]

Hi and thanks for joining .😀

Breakdown personnel are not mot testers.
The mot test is carried out on the day of test under strict regulations and guidelines which means components that are to be examined are accessible and visible to the tester.


The defect may or may not of been obvious to the tester as it depends if the defect on the component is clearly visible,if it’s a case where it’s been missed by the tester then he has a problem

I’m glad you are ok and such a serious incident such as this you may be in a positon to get something done about it .

You can appeal to the dvsa ,regards your vehicle being issued with a pass ,but the appeal would need to be within 3 months of the date of issue,but bear in mind that No repairs have been carried out to your vehicle ,from date of issue of your vehicles pass certification.

Can you tell us the date of the mot test please ;
And ;
Have you had any work done since the mot in question.?

You can always return to the repairer and seek there views since they have serviced the vehicle as well and not mentioned the defect

[rocket]

Wise words nitros it would be nice to know make and model

[aleksag]

Hi Nitros, thank you 🙂
Thank you for replying to my post so thoroughly. I will try to provide as much information as I can.

MOT took place on 20.11.2020, slightly over 3 months ago. The incident happened on Friday 26.02.2021.
Car is not the newest one it's a Suzuki Alto Sz3 2009, however when I go to the garage I expect them to look after the car and advise me if anything's wrong. At least if I knew the faults I could do something about it.
The garage isn't giving me an email address, I will be sending a letter to them in regards of this situation. They told me to explain the issue over the phone, but I am sceptical about, I need to have something in writing.
Car wasn't fixed by anyone since the incident as it is so costly.

I am adding some pictures via post images website:

[rocket]

3 months for corrosion as we have had a particular harsh winter hard to say I've seen and failed the rear trailing arms on a wagon R before but not that model before ask for an appeal form but I think you are on a hideing to nothing in getting the DVSA to find in your favor ask STEALTH s opinion he will probably say the same I'm afraid

[dwain]

Let it go.

If those mounts lasted 3 months, there was no way they would have succumbed to finger and thumb pressure or the corrosion assessment tool 3 months ago.

[rocket]

Mar 1, 2021 20:41:04 GMT 1 dwain said:

Let it go.

If those mounts lasted 3 months, there was no way they would have succumbed to finger and thumb pressure or the corrosion assessment tool 3 months ago.

Agreed but you can understand the original poster's query  though another  tester might have advised that ! Opinions are like  Rs souls every one has one and every one is different  agreed ?

[aleksag]

Thank you all for your replies. I will still try and contact the garage to see what they say.

[nitros44]

aleksag

Thanks for the photos , it looks like a horror story and typically with that type of vehicle and more like it .
I strongly advise to take up the issue with the garage as the dvsa won’t entertain an appeal due to the time frame ,plus it’s not in an ideal condition let’s face it .
At a minimum I would of bet my life that at the time of test any tester would of made an advisory which should of been recorded regarding the axle corrosion, at least it would of made you aware of the issue ,why it was not ? we’ll never really know and from here it’s all hearsay.

Good luck

[aleksag]

Thank you nitros, I understand that my car is quite old and maybe not worth much, but I blindly trusted the garage and expected them to make me aware of any serious issues.
I will be sending a letter today with the visual evidence. Let's see what happens.

[nitros44]

Totally agree with that

[otis]

It really is down to the garage because as others have said it is well past the time you can appeal.However, what do you want the outcome to be? Unless you know that from the start then you cannot tell the garage what you expect them to do.