Should I Be Paying for This Repair?

I drive a 10 year old BMW 3 series, that has done a little under 180,000km.

Exactly two weeks ago, on Monday 3/11, I took it in to my usual mechanic to get a fair bit of predominantly pre-emptive work done, with a couple of parts replaced - the total cost of the service was $1500 (including aforementioned pre-emptive fixes).

When I went to pick up the car, the mechanic mentioned that the cooling system may need a look at soon, as there was a tiny bit of coolant around a hose, which he said was almost impossible to see from above - I certainly couldn't see it. I asked if this would be an issue, and whether I should get it fixed straight away, to which he replied that he shouldn't think there would be any problems for me in the near future, and to keep an eye on the temperature gauge if I was worried. I should mention here that I'm not an expert when it comes to cars, and I will take my usually very highly recommended mechanic's opinions on what needs to be replaced.

11 days later, on Friday 14/11, after having travelled a little under 100km since the service (in small trips), I went for a slightly longer drive, of around 20km, on a 35 degree day.
Just as I was getting to my destination, i noticed that my air conditioner wasn't working as well as it should have been, so I glanced at the temperature gauge, which was fine. Being slightly paranoid, I watched it closely for the next kilometre or so, at which point it began to climb. I instantly pulled over, let the car cool down, and called my mechanic, who said to take it to the local service station, which was less than 50m away.

The local service station inspected my car, and said that the engine temperature was far too high, and that any water that went in was boiling, and that this could either be a simple cooling system issue, or a blown head gasket.

Again, on the cautious side, I paid to have the car towed to my usual mechanic, and it was left there over the weekend.

I have not received any word back as yet as to what the issue is, or how much I have to pay, but I wanted some additional opinions. Based upon the major service that I had eleven days prior to the issue, after which the mechanic stated that there shouldn't be any issues with the cooling system, would I be liable for a head gasket replacement?

I'm wiling to pay for the cooling system parts that would have needed replacement at some point in the near future anyway, but if additional damage that was within the mechanic's control was caused, am I liable for the full price of the service, or is that on the mechanic? Should I have been liable for the price of the tow truck?

Thanks in advance for your opinions!

EDIT: Possibly going very over-the-top on this, but this is what I found under car repairs, within ACL legislation.

Major vs minor failures
When a service fails to meet a consumer guarantee, your obligations depend on whether the failure is major or minor.
A major failure with services is when:

  • a reasonable consumer would not have acquired the services if they had known the full nature and extent of the problem. For example, a reasonable consumer would not have their car serviced if they had known a major engine fault would not be identified

  • the services are substantially unfit for their normal purpose and cannot easily be made fit, within a reasonable time. For example, a consumer asks a panel beater to fix hail damage to their car, but the work is of such poor quality that all the car’s panels would have to be removed and replaced

  • the consumer told the supplier they wanted the service for a specific purpose but the services, and any resulting product, do not achieve that purpose and cannot easily or within a reasonable time be made to achieve it. For example, a consumer specifies they want their four-wheel-drive (4WD) vehicle serviced and fitted with new tyres suitable for driving on 4WD-only tracks; but the vehicle becomes bogged while driving on one of these tracks, because the new tyres fitted were not suitable for the specified purpose

  • the consumer told the supplier they wanted a specific result but the services, and any resulting product, were not of a standard that would reasonably be expected to achieve that result. For example, a consumer asks a repairer to perform a power upgrade to reduce their car’s acceleration time by a specified amount; but the repairer uses parts that would not be expected to achieve this result

  • the supply of the services has created an unsafe situation. For example, a mechanic incorrectly installs a part, causing a brake failure.

Comments

  • +1

    well , you make the mechanic sound like a saint trying to save you every penny while most try to gauge you for every cent/ repair they can add to the bill.

    how would you not be liable for the full price of the service ?
    he told you that there was a issue, he gave you his recommendation, unless you can prove he gave you purposefully misleading information he is not to blame.

    • I didn't mean to make the mechanic sound like a saint - I told the mechanic I would be doing a 1200km trip in the next few weeks, and to ensure that the car would have no issues whatsoever - to the best of my knowledge, the previous expensive service replaced all parts that could have potentially failed, with the only part that needed replacement being the front control arm bushings.

      The reason I feel that I wasn't at fault is that he gave me a recommendation to replace sections of the cooling system at some point in the future - when I asked if they should be replaced right away (and volunteered to leave my car there for the additional, paid repairs), he said there shouldn't be any issues, and I could have it done on my next service.

      Following this advice, I expected to be able to drive a 1200km round trip in Summer weather, which the mechanic was well aware of.

      • yeah obviously the mechanic has a faulty crystal ball

        need to get Snap On Tools onto that pronto

  • +1

    You chose to take it to an independent instead of a dealer. It is now your word against his that the car would be "without problems in the near future". Besides, under 100km does qualify for "near future" does it not? You chose not to have roadside assistance. You pay for the tow truck. :P Not trying to be smart here, just stating the facts.

    If you've stopped straight away (the smart thing to do) then your engine will be fine. I'm tipping it's the coolant expansion tank, those are pretty common on the beemers. I'd expect a new tank, coolant and labour to set you back $400ish if it's just that. Good luck!

    • The place I take the car is a certified BMW repair centre - not the dealership, but carries out legitimate logbook service, if that helps me at all.

      I do actually have roadside assistance - all of the NRMA tow trucks were booked up until Sunday (I assume there were a lot of break downs?), though if it was an emergency, they could be there sooner - not before the mechanic shut, though. I paid a separate company to take the car, so it would be garaged at the mechanic's over the weekend, rather than being left out in a dodgy suburb. I promise I'm not that stingy!

      I'm hoping so - the car wasn't blowing any white smoke, and the coolant levels were still good - the initial inspection at the service station, from a mechanic who used to work for BMW, was that it could be the head gasket - fingers crossed that it's just this.

      More of the question is, though, if there is an issue caused by something I was told wouldn't be an issue, am I liable for the additional expense incurred, if there was a reasonable chance of failure? I'm more than happy to pay for all cooling system parts, I just wouldn't be happy about incidentals. If, hypothetically, the head gasket were to have blown, would it be fair to demand free labour, but pay for the part itself?

  • It's a 10 y/o car with who knows how many k's on it.
    A "service" done by anyone at any location will never guarantee a "new" car.
    All they can do is check what is obvious.
    Without completely stripping the car down there is no way to foresee every possible failure.
    One of the problems with having an aged car… you never know what is around the corner.

    No one can pre empt a head gasket failure. It is just one of those things. They can go for the life of the car or fail tomorrow, there is no way to know unless you remove the head.
    It may be the water pump? Quite possible from your symptoms. They are cheap and easy to replace on regular vehicles so fingers crossed it is this and not a head gasket. On a 10y/o car with say 160,000k on it I would be replacing the water pump as a regular maintenance item.

    Mate has an older BMW and every time he puts it in for a service he has to hand over a kings ransom. Even the mechanic tells him to retire it for something newer, but he loves the car so he just pays :-)

    Pay for your cooling system to be repaired and move on.

    • The water pump was replaced at the last service, which was less than two weeks before the failure - I can hope the new one was DOA, I guess.

      I think I sort of have this sorted, anyway - obviously I am up for the cost of replacement cooling system parts (unless the water pump is the issue, then I'm pretty sure that's warrantable). On the E46, almost all of the time, the head gasket blows only when the engine overheats - the mechanic said he doesn't remember seeing one fail that was not related to the cooling system. If I had a major service, of which I identified the purpose, and they didn't fix a part that resulted in a major engine fault, I can argue that I wouldn't have had it serviced at all if there was a likelihood for a fault to reoccur. I should note that I did not set a capped price for the service, either. I informed them before the major service that I was willing to spend significantly more, definitely enough to accommodate the replacement of all major cooling system components, which most places seem to quote at around an additional $1000.

  • +5

    Should I Be Paying for This Repair?

    Yes

    • -3

      Well, that's helpful. I'm not even liable for costs yet - going more for advice with a legitimate query where the Australian Consumer Law is applicable.
      Usually OzBargain is all about saving money, and not paying costs that they shouldn't be liable to pay.

      • +4

        This is just bad luck. The mechanic said you have a problem with the cooling system and he was right.

        The good news is since your mechanic said there was some coolant around the hose the problem is more than likely going to be something fairly simple and not the head gasket. But even if it was the head gasket there is no way the mechanic would be liable for the cost unless he offered some sort of general whole car warranty with every service / repair.

  • +1

    I don't think it will be the head gasket. I'm pretty sure it'll be faulty thermostat or water pump. Radiator or blocked hose issues. You've gotta pay though, absolutely not the mechanics fault. Good luck, let us know what happens. Hopefully it was something simple your mechanic messed up that can easily be rectified.

  • +2

    Mechanics are famous for draining customers of every cent, yours sounds very reasonable.

    He could have erred on the side of caution and said replace everything to do with the cooling system (which I can assure you the dealer would do) or simply be cautious and watch the temp gauge.

    He doesn't have a crystal ball when it comes to do diagnosing problems in cars. The only way to know for sure is to start removing parts looking for a faulty item and then check and re-test, which is very expensive. Most will have a guess based on experience with similar problems.

    I would keep your mechanic. Try a dealer and see how much money it starts costing you.

    I am very meticulous with my car maintenance and your guy's advice is spot on at trying to maintain your car without costing you the earth.

  • +2

    Doesn't look any like of the ACL legislation applies to your case?

  • AledD, have you got a diagnosis and quote?

    My Bro had a BMW 7 series and got a genuine major service which rectified at great expense NOTHING and they didnt give a rats! BMW are very complex beasts and almost every little thing costs x10 as much as standard part.

    For example, a new battery after market was put in and the dealer saw it and blamed the intermittant electrical problems on it, so replaced it with a genuine one with no difference to the poblems but the cost was $600 + workmanship of another $120 for the battery alone and then i bet he took the new old battery home and used it for free.

    Everyone with a European performance car needs a good LOCAL mechanic that did say an apprentiship at BMW but now works for themselves, save a bundle and keep your car running much better!!! FYI for next time…

  • I despair I really do, everyone looks to blame someone

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