CRaZyKiD Posted May 10, 2008 Share Posted May 10, 2008 Hi guys!Right.. heres the scriptMy pal asked me to drive his car down to perth for him the other week from inverness.. (subaru )So, i jumped in the car drove approx 90 miles and then his car broke down on me.. blue smoke pishin right out the back, then obviously loadsa noise from engine.. Now, to me, sounds 100% like, Turbo burst and oil burning, then its drained the engine and engine now arsed.So, i tell the guy that his car has broken down, no probs blah blah..Couple days after the incident he tells me that ill be payin for the damage to the car.. however, a month ago he forked out £4k for a new engine as somethin was wrong with it.. So it is still under warenty.He took it to the garage and the garage basically told him that a piston ring has been melted and its runnin on three cylinders and the mechanic said to the guy that owns the car that its due to the guy drivin the car that thats happened.. Now then.. at the time it happened the car was doing 80miles an hour approx... now its a subaru, not a .500cc moped so, i dont understand how the fuck something like thats happened.So, what do i do? Do i tell him im not paying the 950 to sort it all out, or do i get legal advice and find out who is liable to pay?The owner of the car is being fairly reasonable regarding the engine as he bought a BRAND new engine for the car as i said above, and he doesnt mind if a second hand engine goes in now as he wants rid of the car as its been prob after prob with it.He has told me that he could get a letter from the mechanics and a letter from subaru (not from subaru yet, however if the engine got sent there, could get a letter ) tellin me that the problem lies with the driving of the car and that melted piston rings doesnt just happen its due to driver error.So, Whats the crack?CK Quote Link to post Share on other sites
CRaZyKiD Posted May 10, 2008 Author Share Posted May 10, 2008 a know where this is going:SMe, and tesco's stuff Quote Link to post Share on other sites
Bourkey Posted May 10, 2008 Share Posted May 10, 2008 Sounds a good mate to me. I doubt you have to legally pay a penny matey. I'll check tomorrow at work but i seriously doubt it unless you were being very negligent and disrespectful to the engineand car. And 80mph in an Impreza doesn't sound like it. How were you driving it is an important factor.From what you have described it sounds like there was an undiscovered problem that caused it as i can't see this happening this easily.Bourkey Quote Link to post Share on other sites
pallett Posted May 10, 2008 Share Posted May 10, 2008 you say doing 80 though, as in 80 in fifth or 80 in second? and yeah the fuel is a big issue too. Quote Link to post Share on other sites
Sparky Posted May 12, 2008 Share Posted May 12, 2008 if you put unleaded in then thats your answer Quote Link to post Share on other sites
Bourkey Posted May 12, 2008 Share Posted May 12, 2008 As much as i'd like to agree something is tells me there was more to it. Im sure you can run it on regurlar unleaded as long as you you aren't putting your foot to the floor all the time. If you were doing 80mph in fifth im sure it would be fine.80mph in second however is where you may have problems.Anyway i have passed it on to two solicitors at work to get some proper legal advice on it. Bourkey Quote Link to post Share on other sites
Bourkey Posted May 13, 2008 Share Posted May 13, 2008 Hi again,I got a reply from a solicitor at work.In my opinion he wouldn't be able to force that guy to pay. I do not think there was any implied term in the "contract" of asking him to drive his car as a favour from blah to blah that if the car broke down - he would have to pay the costs of any damage. There was certainly no actual term in that contract (unless he said to him 'please drive my car from ... to ... and if it breaks down on the way, you'll have to pay for any damage) and the only other way a court would rule that he has to pay (or that guy could force him to pay) is if there was an implied term. I certainly don't think this is the case as for a term to be implied into a contract, the term has to be pretty material for the contract to work or have any point. In this case, it was not material in that contract for him to agree to pay for any damage. He should refuse to pay. The other guy will have a difficult time in forcing him to as would have to prove that implied term. Hope that helpsTo simplify it, He didn't say to you that you are responsible if anything goes wrong he just said can you drive my car from here to there. He could have casued the damage and knowing that asked you to drive it so it broke on you. If you put the wrong fuel in there maybe a slight chance you would pay something but at the end of the day it's his car and his responsibility. If a mate drove my car and he drove over a nail and punctured a tyre i would not expect him to pay. As long as he wasn't aiming for the nail then why should he?hope this helps and keep you wallet in your pocket.Bourkey Quote Link to post Share on other sites
SCOOBY-MODDERS Posted May 13, 2008 Share Posted May 13, 2008 Why did the dude need a rebuild in the first place?? If the cause of the first engine failure was not identified then it will just ruin another engine.Since it was melted there could have been a problem with that particular injector, dodgy fuel pump, or faulty MAF.I doubt he could proove you were liable. Quote Link to post Share on other sites
StarletRick Posted May 13, 2008 Share Posted May 13, 2008 even if its an import, youll have to ram it pretty hard to make it pop on 95 fuel. pootling along at 80, youll probably have an EGT of around 700 degrees. that isnt going to melt any pistons anytime soon.... Quote Link to post Share on other sites
Bourkey Posted May 13, 2008 Share Posted May 13, 2008 I was thinking the same thing Rick. I didn't want to sound dumb though as im not really clued up much about Imprezas.Im sure you can run them calmly on them cruising along. Obviously you could blow it by pushing it hard but he was only cruising at 80 mph which is nothing for an Impreza.Anyway the legal advice i gave is what you requested. You shouldn't have to pay a penny and to be honest he isn't really a good mate asking you to splash out that much. Thats a big chunk out of the majority of peoples wages. Bourkey Quote Link to post Share on other sites
Guest Enzo Posted May 13, 2008 Share Posted May 13, 2008 ***** stars bourkey! once again coming to the rescue, thanx man Quote Link to post Share on other sites
Starletraje Posted May 13, 2008 Share Posted May 13, 2008 i read that with cars like impreza's and evo's that when the knock sensor detects lower octane fuel the ecu kicks in to run the engine at lower power output to preserve itself, i'll see if i can find the article but as bourkey says your mate can't prove it was your fault and i really don't think it was. A suburu system is definately designed to cope with 95 fuel.To google.EDITseems to be a grey area but from my reading the minimum octane is 93.just follow the expert advice of bourkey Quote Link to post Share on other sites
Bourkey Posted May 13, 2008 Share Posted May 13, 2008 At your service ;)@ CrazyKid - If i find out you have paid him i am not going to be happy. Ask Markoos, i beat people with exhausts and seats. Im breaking up an old engine and i'll happily throw parts at you.Bourkey Quote Link to post Share on other sites
Tommy_G Posted May 15, 2008 Share Posted May 15, 2008 what bourkey says is the truth. i presume the only "contract" was a verbal one, and went something like "drive my car bla bla mate" and he explicitly did not say..."if you fill up make sure its a certain fuel" nor did he say "u must not thrash the bollocks off the car" therefore you could theoretically do all those things.. and im pretty sure with a favour to a mate you dont have implied terms..lolpersonally i think hes been fobbed off by the company the engines from. if hes going to concentrate efforts do it on them, may be able to get them for negligence. they can t supply an engine with it only to blow up in a few months!!!tell him to give the engine company an earful and take them to court..or at least threaten it Quote Link to post Share on other sites
CRaZyKiD Posted June 12, 2008 Author Share Posted June 12, 2008 @ Bourkey... my internet was down and i had made a first payment of £600 before managin to read up on this post.. however, since reading this i aint givin him anymore, and i did give him a text message ( as i aint seen him ) sayin that i aint gonna be payin anymore and that he should concentrate his efforts more on the engine company.thanks for all your input guys.. its really helped! Quote Link to post Share on other sites
NightSpirit Posted June 12, 2008 Share Posted June 12, 2008 Not read all this thread as it goes on a bit, but I'd tell him where to go.He asked you to drive the car for him, you were doing him a favour, his wanky assed Subaru dies on you, it's not your fault, unless you're being economical with the truth and you thraped it a bit first.And on the fuel issue, again it's HIS responsibility to inform you what fuel/procedures are needed before driving the car. Not your fault. And to be honest, 95RON is NOT GOING TO KILL AN ENGINE THAT QUICKLY.I hate this whole...'oooh 95 RON it's a killer' bollocks. If the car is mapped on 99 RON or race fuel let's say then obviously, the lower det properties of the shitter fuel will cause performance and other issues, but a stock motor won't notice the difference. If you remember an earlier thread of mine regarding the Glanza and fuel types. I still run this Glanza on normal pump gas and I regularly have fun in the car, it's never put a foot wrong and checking the engine regularly all is as it should be.Sorry for the rant, good luck with this it's one of those situations you never want to be in Quote Link to post Share on other sites
NightSpirit Posted June 12, 2008 Share Posted June 12, 2008 I've just read the remaining posts and it's what Im saying...coolIt's good to be right Quote Link to post Share on other sites
SpeedFreak Posted June 12, 2008 Share Posted June 12, 2008 I cannot believe that you paid up mate! Theres no way that I would of paid that, friend or no friend. I think he is trying to take the piss a bit. AS said above, its highly unlikely that you caused that damage. And if he knows anything about cars, or his, he would know this. Looks like he is just putting blame on you as the garage wont cover him.Gutted for you! Quote Link to post Share on other sites
NightSpirit Posted June 12, 2008 Share Posted June 12, 2008 Christ on a bike...I didn't realise you paid the man Sorry to hear that, shit happens sometimes I guess. What a fucker your 'mate' is. Did you pay by cheque or bank transfer...maybe you could recall it? Quote Link to post Share on other sites
CRaZyKiD Posted June 12, 2008 Author Share Posted June 12, 2008 yowell, i actually paid him by a bank transfer online.. however.. i did tell him he can keep the 600 because i cant be arsed with it anymore, besides.. if it went to court i dont think i'd get my 600 back anyway.. thing is, he was kinda doin me a favour because he bought a brand new engine from subaru costing him 2300 and he said i could just put a second hand engine in it.. 960.. ahhh.. fuck knows.. he knows the script anyway and hopefuly he redirects his focus to the garage or manufacturer!CK Quote Link to post Share on other sites
NightSpirit Posted June 12, 2008 Share Posted June 12, 2008 That's decent of you to do that,If you took him to a small claims court you might get the money back, but as you say...effort.Thing is, he was not doing you a favour. You were doing him a favour, his car broke, you give him money for it? er no. And what kind of gimp buys a new engine from Subaru for 2300? for that price you can buy an Sti car. He sounds like a cock, I apologise if he's your pal.Mark Quote Link to post Share on other sites
SpeedFreak Posted June 13, 2008 Share Posted June 13, 2008 Yeah as above, how was he doing you a favour?You done him a favour, and a damn good one at that. You paid for something that wasnt even your doing. I need friends like you! Quote Link to post Share on other sites
DetomasoNick Posted June 13, 2008 Share Posted June 13, 2008 i wouldnt have paid if it was my brothers car that died wilst i was driving!,you shouldnt have gave him a penny Quote Link to post Share on other sites
Tommy_G Posted June 13, 2008 Share Posted June 13, 2008 i have a door and bonnet that needs repainting, would mind givin me some cash too ? i would have just told hom to F off, oh well u did it now Quote Link to post Share on other sites
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