Repair cost reimbursement Golf 1.4 5T
January 11, 2012 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Do I have a right to a refund of the following repair costs from VW?
Two weeks ago I had a breakdown, the engine failed, the car wouldn't start and had to be towed. The tensioner from the camshaft sprocket was broken. This caused engine damage, all 8 valves had to be replaced, the complete timing belt set, water pump, spark plugs, etc. - costs around 1300 euros plus towing costs to the workshop.
The car has been registered since December 2001. In June 2007, a Longlife Service was carried out, maintenance list is available, inspection of the engine compartment, vehicle from below, etc.
VW recommends a visual inspection after 6 years or at 90,000 km. I only have 65,000 km and premature wear is not visible. Do I have a right to a refund of the costs? How should I proceed? The replaced parts are available. Thank you for your effort. Sincerely, Mrs. W.
Dear inquirer,
Thank you for your inquiry. I would like to answer it as follows:
Due to the considerable age of the vehicle, you unfortunately do not have any warranty claims, especially no legal warranty claims.
In theory, liability from VW or the relevant car dealership/repair shop could be considered.
This would be the case if during this maintenance a pre-existing damage that ultimately led to the damage event (e.g. a hairline crack or similar) was overlooked.
Unfortunately, I do not see sufficient chances of success and you should try to achieve something at least through goodwill.
I would like to explain this to you below:
If you want to assert claims for damages here (for example in court), you would not only have to prove that you have damage to the vehicle (which is indisputably the case), but you would also have to be able to prove that either an action or omission by VW (for example, a carelessly performed maintenance/overlooking of a pre-existing damage) led to the eventual damage event.
In my opinion, such proof, if at all, will be extremely difficult and then only possible through an expert.
However, this is associated with a significant risk.
Since the maintenance and the accident were more than four years ago, it should be extremely difficult to prove a connection between faulty maintenance and the damage.
In my experience, it is more likely that the damage cannot be proven.
Considering that such an expert opinion could cost about as much as the damage in your case, I would unfortunately have to advise against pursuing a legal claim based on my experience.
I hope I have provided you with some initial legal orientation and wish you success and all the best!
I would like to point out the following to you:
The legal information I provided is based solely on the factual information you provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive assessment of the situation. Adding or omitting relevant information could lead to a completely different legal assessment.
I hope my explanations have helped you. You are welcome to contact me through the follow-up option if you have any further questions.
I wish you a pleasant Wednesday afternoon!
Kind regards from the North Sea coast,
Danjel-Philippe Newerla, Attorney
