Admission of negligence

Admission of negligence

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Discussion

wibblebrain

656 posts

141 months

Wednesday 19th August 2015
quotequote all
sebulban said:
I paid for full geometry check when tyres changed in May as I said before.

And I believe this is the reason for Porsche saying to me today it was their fault and covering costs.
You did not mention this before and it was a critical omission. Given the rapid wear on the tyres and their apparent admission of "guilt" I suspect that they did check the alignment when the new tyres were fitted and attempted some adjustments. The subsequent wear suggests they fked up the adjustment in some way.

sebulban said:
Apparently they now need to also put in new rear suspension adjustment bolts too.
This secondary comment also lends weight to the above theory. However they fked up the previous adjustments it has meant that the adjustment bolts are now damaged.

Whilst you are rightly indignant I don't think there's any point in pursuing any legal process. To much stress and you're unlikely to get any compensation as you haven't experienced any financial loss.

I would be asking for them to replace the tyres, but ask for them to refund the cost of the alignment work so you can get someone else to do it.

Wozy68

5,392 posts

171 months

Wednesday 19th August 2015
quotequote all
sebulban said:
Is that how negligence cases work? I don't know.

Im waiting legal advice and Porsche head office.

I would think that the potential fatal risk could result in a court case?

That being said yes Im thankful I didn't spin into a lorry and smash my car up and end up in A&E. And yes Im also thankful all costs being covered smile
This just about sums up the modern world. 'Might have' = Means there must be a claim dunnit rolleyes

fredt

847 posts

148 months

Wednesday 19th August 2015
quotequote all
You'd have to be right cock to go suing a company who made a mistake, owned up to and fixed it at no cost to you.

Jeez

YoungMD

326 posts

121 months

Wednesday 19th August 2015
quotequote all
fredt said:
You'd have to be right cock to go suing a company who made a mistake, owned up to and fixed it at no cost to you.

Jeez
Harsh but fair

sebulban

Original Poster:

285 posts

120 months

Wednesday 19th August 2015
quotequote all
fredt said:
You'd have to be right cock to go suing a company who made a mistake, owned up to and fixed it at no cost to you.

Jeez
Having been pleased reading through the comments I get to this moron......

WTF are you talking about?

So as long as the "mistake" doesn't kill anyone you sweep it under the carpet?

Ill be honest my original post was just to see if any similar experiences and my omission of the geometry check shows what a beginner I am in this field.

I am not trying to screw a company and as I said if all that needs doing here is putting me back in previous position so be it.

BUT - having had legal advice from what i would deem an expert today and being told I have a case. AND now having Porsche head office call me saying there is a full investigation underway. I would think Im not THAT much of a "cock" for raising it.

And MMA for a previous post = mixed martial arts. And I would hope that wasn't what made them admit fault haha ;-)

sebulban

Original Poster:

285 posts

120 months

Wednesday 19th August 2015
quotequote all
YoungMD said:
Very funny !! i agree the guy has suffered clear cut slander... I know this could have been very serious and we shouldnt laugh but it wasnt so maybe we can and this tread is very funny.
haha its okay matey I think missing some details didn't help. I can see how the sums didn't add up.

Are there really morons who do burnouts or smash there car and then post on here for sympathy and compo?

IMI A

9,410 posts

202 months

Wednesday 19th August 2015
quotequote all
sebulban said:
YoungMD said:
Very funny !! i agree the guy has suffered clear cut slander... I know this could have been very serious and we shouldnt laugh but it wasnt so maybe we can and this tread is very funny.
haha its okay matey I think missing some details didn't help. I can see how the sums didn't add up.

Are there really morons who do burnouts or smash there car and then post on here for sympathy and compo?
You're a lucky man. If you'd been at very high speed on autobahn this could have been an awful accident and no-one would have known the reason for the accident. I'd take a deep breath accept whatever compensation they propose and forget about it. Lifes too short to deal with Porsches Customer (non) Service department. They'll probably offer a free service or a track day at silverstone etc. Is it really worth the hassle.

SFO

5,169 posts

184 months

Wednesday 19th August 2015
quotequote all
sebulban said:
BUT - having had legal advice from what i would deem an expert today and being told I have a case.
a case to claim what (in addition new tyres, alignment and recovery costs and some thing for your time)?

YoungMD

326 posts

121 months

Wednesday 19th August 2015
quotequote all
sebulban said:
YoungMD said:
Very funny !! i agree the guy has suffered clear cut slander... I know this could have been very serious and we shouldnt laugh but it wasnt so maybe we can and this tread is very funny.
haha its okay matey I think missing some details didn't help. I can see how the sums didn't add up.

Are there really morons who do burnouts or smash there car and then post on here for sympathy and compo?
There are all sorts of weird and wonderful people on here,

being serious I can see why you are so frustrated, I would be to... I called porsche today for a quote on a major service 2005 car, £700, my indy wants £350, they charge a super premium and that's okay but the service has to be 100%, part of the reason for the high cost is probably their gold plated liability insurance. So go for it but I just think the way English law works it really only pays out on actual loss/suffering. I think you have a case that there is certainly some loss and suffering but whether or not you actually had an accident matters in uk law, not so much in the US stupid as that is.

The defensive reaction from.some people is probably because they have a close/good relationship with their local porsche place. It always seems to me that opinions on porsche customer service is hugely divided, some think is good and always stick with it, whilst others think it's an overcharging sub standard service
I don't have enough experience to assess, the prices always scare me off.

Buster73

5,066 posts

154 months

Wednesday 19th August 2015
quotequote all
YoungMD said:
There are all sorts of weird and wonderful people on here,

being serious I can see why you are so frustrated, I would be to... I called porsche today for a quote on a major service 2005 car, £700, my indy wants £350, they charge a super premium and that's okay but the servidce has to be 100%, part of the reason for the high cost is probably their gold plated liability insurance. So go for it but I just think the way English law works it really only pays out on actual loss/suffering. I think you have a case that there is certainly some loss and suffering but whether or not you actually had an accident matters in uk law, not so much in the US stupid as that is.

The defensive reaction from.some people is probably because they have a close/good relationship with their local porsche place. It always seems to me that opinions on porsche customer service is hugely divided, some think is good and always stick with it, whilst others think it's an overcharging sub standard service
I don't have enough experience to assess, the prices always scare me off.
Just like part of the indies costs will include their public liability insurance as well ?

sebulban

Original Poster:

285 posts

120 months

Wednesday 19th August 2015
quotequote all
SFO said:
a case to claim what (in addition new tyres, alignment and recovery costs and some thing for your time)?
To quote the lawyer:-

"With the evidence from the AA coupled with written admission from the OPC this is something worth pursuing if they don't play ball....... If they come with their usual nonsense advise them that give your previous dealings with them you have sought legal advice and have been informed that you have a strong claim against them for negligence."

The advised outcome being remedying the defects (which is being done and my car comes back tomorrow) and an element of compensation - because of how serious this could have been and this solely down to their negligence.

Moderator edit: no naming & shaming please.



Edited by jeremyc on Wednesday 19th August 20:26

davek_964

8,828 posts

176 months

Wednesday 19th August 2015
quotequote all
sebulban said:
SFO said:
a case to claim what (in addition new tyres, alignment and recovery costs and some thing for your time)?
To quote the lawyer:-

"With the evidence from the AA coupled with written admission from the OPC this is something worth pursuing if they don't play ball....... If they come with their usual nonsense advise them that give your previous dealings with them you have sought legal advice and have been informed that you have a strong claim against them for negligence."

The advised outcome being remedying the defects (which is being done and my car comes back tomorrow) and an element of compensation - because of how serious this could have been and this solely down to their negligence.
No zillion dollar an hour Porsche lawyer would be suckered in by the term 'solely'. The fault that caused this excessive wear to occur appears to be due to their negligence. The reason it got so serious that a tyre exploded before you noticed it is - solely - due to the fact that you have not been checking your car is roadworthy before each journey.


Edited by jeremyc on Wednesday 19th August 20:26

SFO

5,169 posts

184 months

Wednesday 19th August 2015
quotequote all
sebulban said:
and an element of compensation - because of how serious this could have been and this solely down to their negligence.
but nothing serious happened, so there is no real claim.

there is no theory of law which says that you can claim compensation for something (injury to you, for example) that might have happened, but did not.

sebulban

Original Poster:

285 posts

120 months

Wednesday 19th August 2015
quotequote all
SFO said:
but nothing serious happened, so there is no real claim.

there is no theory of law which says that you can claim compensation for something (injury to you, for example) that might have happened, but did not.
What bout the mental scars? Cant put a price on that ;-)

sebulban

Original Poster:

285 posts

120 months

Wednesday 19th August 2015
quotequote all
davek_964 said:
No zillion dollar an hour Porsche lawyer would be suckered in by the term 'solely'. The fault that caused this excessive wear to occur appears to be due to their negligence. The reason it got so serious that a tyre exploded before you noticed it is - solely - due to the fact that you have not been checking your car is roadworthy before each journey.
I will wait to see how it all unfolds. But yes - I don't expect anything much to happen.

Doesn't matter how much a lawyer is paid per se if its clear that a law has been broken .....

davek_964

8,828 posts

176 months

Wednesday 19th August 2015
quotequote all
sebulban said:
I will wait to see how it all unfolds. But yes - I don't expect anything much to happen.

Doesn't matter how much a lawyer is paid per se if its clear that a law has been broken .....
The law of 'could have happened'?


BertBert

19,070 posts

212 months

Wednesday 19th August 2015
quotequote all
What rubbish.

The higher cost is to do with their gold plated liability insurance so sue away. What a stupid comment.

Bert
YoungMD said:
There are all sorts of weird and wonderful people on here,

being serious I can see why you are so frustrated, I would be to... I called porsche today for a quote on a major service 2005 car, £700, my indy wants £350, they charge a super premium and that's okay but the service has to be 100%, part of the reason for the high cost is probably their gold plated liability insurance. So go for it but I just think the way English law works it really only pays out on actual loss/suffering. I think you have a case that there is certainly some loss and suffering but whether or not you actually had an accident matters in uk law, not so much in the US stupid as that is.

The defensive reaction from.some people is probably because they have a close/good relationship with their local porsche place. It always seems to me that opinions on porsche customer service is hugely divided, some think is good and always stick with it, whilst others think it's an overcharging sub standard service
I don't have enough experience to assess, the prices always scare me off.

iantr

3,382 posts

240 months

Wednesday 19th August 2015
quotequote all
Posters to this thread may find the table below useful.


sebulban

Original Poster:

285 posts

120 months

Wednesday 19th August 2015
quotequote all
davek_964 said:
The law of 'could have happened'?
So you can't get life for "attempted" murder?

b2hbm

1,292 posts

223 months

Thursday 20th August 2015
quotequote all
sebulban said:
So you can't get life for "attempted" murder?
But they didn't attempt to murder you, did they ? smile

If you stand back and look at it - you've had a very serious problem with your car and quite understandably you're upset. The OPC has said "it's our fault" and has tried to put you back in the position you expected to be in 6 weeks ago with new tyres and presumably correct geometry.

That's annoying and I can see why you feel you're entitled to compensation but the facts are that you've already had what's fair. You might get a goodwill gesture, eg a free service or valet, but they really don't have to.

Should you take it to court you can bet that the Porsche legal team will say their admission was made as a gesture of goodwill but that you'd taken the car away for 6 weeks and who knows what had happened in that time ? You could have kerbed it or got someone else to mess with the geometry (can you prove you haven't ?).

Or as another poster has said, you didn't check the car before you drive because even a weekly check would have shown something was going wrong. And as the driver it's your responsibility, not Porsche's. A week you might get away with, but 6 weeks ?

Your legal advice might be upbeat but I think you'd lose on hard facts. If Porsche want to play hardball then they'll bring up sufficient doubt to make you look equally responsible for driving the car on public highways with illegal tyres.

Despite the tone of this post, I'm not knocking you or an OPC fanboy. But in your place I would play nice. People (even OPC's are "people") are more likely to co-operate with someone they like or feel they have wronged rather than people threatening them. And a free service or even just "being owed" is worth having.....

Edited by b2hbm on Thursday 20th August 06:34