Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200
   

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:

ACT  NSW  NT  QLD  SA  TAS  VIC  WA  

AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login

Car fire due to direct mechanic's negligence

 Post Reply Post Reply
Author
  Topic Search Topic Search  Topic Options Topic Options
shez15 View Drop Down
Newbie
Newbie


Joined: 28/August/2017
Location: Australia
Posts: 3
  Quote shez15 Quote  Post ReplyReply Direct Link To This Post Topic: Car fire due to direct mechanic's negligence
    Posted: 28/August/2017 at 16:20
A few weeks ago I paid a mechanic for a service, drove my car 15 mins down the road when I saw smoke or something from my bonnet whilst driving, pulled over and (not actually thinking a fire could be a possibility) opened the bonnet to see a fire right in front of me. I don't know how I didn't get burned, but I did not get physically injured and thankfully I had the aid of a police officer who was nearby who ascertained what was on fire was an oily rag the mechanic had left on my engine.

My car wouldn't start and had lots of charring where the fire had been and the mechanic did tow the car back to the work shop and repaired it and cleaned it up. My issue is they were rather horrible to me about it once they realised the damage was contained and we were really very lucky. I was in a serious state of shock, my doctor put me on valium and since the incident I am displaying signs of anxiety (which I've never experienced before), it effects me most days and when driving I can get quite anxious when I see smoke from an exhaust or something that makes me think for a second that I see smoke from my car again.

It took me three weeks to work up the strength to call the head office of the company to lodge a complaint and I was largely dismissed by them. I waited two weeks for the owner of the business to call me just to hear my complaint and he told me he would call me back once he found out what more he could do for me when I told him of the psychological stress I was suffering as well as being out of pocket for two days wages (that I took off work) and paying for a second, independent mechanic to assess my car. It has been three weeks and he has not bothered to call me back.

I want some action for the stress and anxiety their negligence has caused me. I realise no claim can be made for what could have happened but this was a risk to my life and had I not chosen to drive to work that morning the next time I would have driven would have been at night by myself on the motorway for two hours and had the fire started then I very likely would have been seriously harmed. My complaint to them has not been taken seriously and I want to find out whether I have a worthy case, even if only minor, to receive some compensation for what they have put me through (as well as the small financial loss of 2 days work & paying an independent mechanic). And if not, what other options I have because it is unjust that a business can be so negligent and dismissive when placing a risk on someone's life and I fear they've had no reason to change their ways from this experience and it could likely happen to another who won't be as "lucky" as I was. The police created an incident number and would provide expert witness to the incident and I have the burnt, oily rag as evidence. What are my options?

citizen-joe View Drop Down
Senior Member
Senior Member


Joined: 09/October/2005
Location: Australia
Posts: 578
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 29/August/2017 at 02:21
This is a much more serious situation than even you realise. To effectively deal with the matter you need the services of a solicitor who works in the appropriate area. The effect on your health to say nothing of the damage to your car are all dealt with by firms that handle personal injury claims. Many of these firms work on a 'no win, no fee' basis.

Suggest you consult one of these firms to see if they are prepared to take on your case. Usually the first consultation is free, ask about this when you make an appointment.

shez15 View Drop Down
Newbie
Newbie


Joined: 28/August/2017
Location: Australia
Posts: 3
  Quote shez15 Quote  Post ReplyReply Direct Link To This Post Posted: 29/August/2017 at 21:43
Thanks for your response. The reason I'm here asking is because I was surprised when I did consult a firm to be told I had no case, and at the very least the sort of money I'd be talking wouldn't begin to cover solicitor's fees

citizen-joe View Drop Down
Senior Member
Senior Member


Joined: 09/October/2005
Location: Australia
Posts: 578
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 30/August/2017 at 00:09
I think you need to ask another firm, depending on your doctors report and your particular personal disposition, a shock like you received when you realised your car was on fire and you could have crashed or been burn to death could give rise to a case of nervous shock which has been know to give rise to a payout of many thousands of dollars. The mechanic was negligent and the cause of everything that happened.

But this is an individual thing and you would need suitable medical and psychological reports to support such a claim.

shez15 View Drop Down
Newbie
Newbie


Joined: 28/August/2017
Location: Australia
Posts: 3
  Quote shez15 Quote  Post ReplyReply Direct Link To This Post Posted: 30/August/2017 at 13:14
Thanks. This is what I thought as I lose sleep with nightmares and am anxious when I wasn't before because the ordeal really shook me, but everyone's concern seems to be for the car or any physical harm.. psychological is not even being considered. I will keep searching for a better firm then. Thanks again

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.