Mr Botsime* took his Golf 6 GTi in for repairs at a reputable workshop. The manager told him he would have to pay R14 000 for labour, as well as pay for the parts needed to fix the car. Eish. What could he do, he needed to have his car fixed.

Two months later, he still didn’t have his car back and the manager of the workshop called him to say that his car could not be repaired. He also said that the panel beater who worked for him had been fired, and that this panel beater had damaged Mr Botsime’s oil pump. As a result, Mr Botsime would have to buy a new oil pump and pay to have the engine stripped so that the mechanics could get to the oil pump and refit it. AZIKHIPHI! That’s not on!

Mr Botsime was fed up! He demanded a refund of the R42 000 he’d already paid the workshop for labour and parts. But without legal help, he got nowhere.

Scorpion’s advice

Mr Botsime is not liable for damages that happened while the car was in the possession of the workshop. The incident where the oil pump was damaged was caused by the mechanic working for the workshop, so the workshop is responsible for the work of the mechanic, and his mistakes. This is called vicarious liability – a situation where someone is held responsible for the actions or omissions of another person. In a workplace context, an employer can be liable for the acts or omissions of its employees. Mr Botsime is further entitled to be refunded the money he has already paid according to the Consumer Protection Act for non-performance, as the workshop failed to repair his car as per their initial agreement.

The next step is for Mr Botsime to contact the workshop’s head office and escalate the matter to their Complaints Department and demand a refund. Sometimes, people try to deny responsibility. If the workshop still refuses to pay back the money they owe Mr Botsime, legal action may be instituted against the workshop for the refund of moneys already paid to them as well as for the damages caused as a result of the mechanic who damaged the oil pump.

Tip:

• When dealing with service providers, always ensure that you get a written agreement before allowing any work to take place. Make sure the agreement reflects the terms and conditions you discussed with the service provider – and don’t forget to check for any hidden costs or fees, like storage.
• If you suspect that a mechanic may have done further damage to your vehicle in the process of fixing it, take it to another mechanic and have it evaluated and get a quotation of how much it would cost to fix the further damage.
• If you find yourself in a situation like Mr Botsime’s, there are professional bodies you can lay a complaint with:
  • The Motor Industry Ombudsman of South Africa (MIOSA)
  • The Independent Dealership Association, if the dealership is affiliated with it

Scorpion members have access to our 24-hour Legal Contact Centre and can call us anytime, anywhere for paralegal services. They have peace of mind that, when trouble strikes, they’ve got access to knowledgeable attorneys to represent them in court and help them strike back legally**.
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* Names are fictional.
** Terms, conditions, limitations and exclusions apply (click here to view the Legal Membership Agreement).
This is only basic advice and cannot be relied on solely.