Where do I stand ???
 

Hi all,

Mucho appreciado if anyone could help me out here, heres what happenned.... Was travelling along the A1M about 10-15 mph in heavy traffice, can in front braked hard, I then braked hard also.........Only problem is the whole car locked up and I slid into the back of this birds car with a tow bar attached. :( ... Luckily both parties were alright and no damage was done to the other car, however £3.5K worth to the front of mine....

Heres the good bit. It has been found that the ABS is faulty by the insurance company. Does anyone reckon I have a good case to sue the dealer I got the vehicle from a month previously as it was sold as a car with ABS and just been serviced etc ???? and if I had been travelling at speed I would probably be dead....

I await your relies....

Paul.

sounds reasonable....

Unless you can prove that the ABS was faulty the day you took it off the forecourt then I doubt you have a case. However why wasn't the warning light on if it had a fault?

It would seem and this is from a good MOT tester, that if the ABS light stays on for more than 2 seconds it is an MOT failure as there is a fault, all the new MOT stuff from the government which MOT testers are now required to check is on his wall at the garage in colour laminate for ease of reading.....this also applies to Astra G, Subaur and Mitsubishi according to the doc.....some new ecu's do not turn the abs light on permanently, mine stays on for six seconds before going out (obviously didn't notice this first !).....

Laws have changed on this subject. The supplying dealer has to prove that the fault was not in the car when the car was delivered. I believe this liabilty for the dealer lasts for 6 months. Check with OFT or Trading standards.

We used to get asked by a lot of traders to take out the ABS, check engine and airbag warning light bulbs. Not so much anymore since the warranty laws changed. It is now mainly private individuals that want things bodged.......

regards,

Job

The garage cannot be held responsible for your accident, as it was you who didn't leave enough distance between yours and the car infront. But they will be expected to repair the ABS system at their own expense, and ensure that it's working when your car is back on the road.

Correct, except I'm not sure if this applies to second hand goods?

However, aren't used cars bought from a trader covered by at least a 6 month warranty? I thought that's why you paid more buying from a dealer? Saying that they've probably got that covered in the small print!!!

With regard to the ABS light, does the owners manual state this about 2 second warning or where you told this by the dealer? If not how were you supposed to know? 2 seconds isn't a warning IMHO!

If not then they sold you a dangerous unroadworth vehicle as far as I'm concerned!

Jason

PS you we're still driving too close ABS or not!

If your insurance are already involved, why not let them go after the dealer? They'll probably stand a better chance than you.

Alcazar

If the brakes were working (irrespective of whether the ABS was working or not) why did you not stop in time?

ABS is not magic, it is great at stopping the wheels locking up when you are steering and braking at the same time but it cannot change the laws of physics, i.e. the friction between the tyre and road is the same.

[whinge]
People should not drive cars expecting the advanced systems to always get them out of danger. The systems should help improve safety margins, but if one drives in such a way as to negate those margins then there is no benefit. In fact it might be worse as the speeds involved might be that little bit faster.
[/whinge]

TBH it sounds like you are looking for an excuse rather than just holding your hand up and admitting maybe you were at fault or that it was plain bad luck.

To successfully sue the dealer first I would expect you need to prove that the non functioning ABS was a direct cause of the accident. Given my comments above I doubt you'd be able to do that. Secondly I expect you would have to prove the garage was negligent and that sounds pretty difficult if you've been driving it for a month.

If you were swerving round something and the ABS wasn't working causing you to lock the wheels and go off at an angle then you might have a case.

If you simply ran straight into the back of someone then the ABS (probably) wouldn't have helped you even if it was working. If anything it might increase your braking distance.