Garage won’t give my car back because of airbags?

Staffielove23 · 2023-03-13T23:11:44+00:00

The airbags in my Honda were recently recalled so I booked the car in at my nearest Honda dealership- 40 miles away. I got there just after 9am and waited in a nearby Starbucks. I was waiting for about five hours to be told the garage couldn’t replace the airbags because they needed a part they didn’t have. Then I was told I wouldn’t be able to get the car back because it’s unsafe to drive and they don’t have any courtesy cars available leaving me stranded fourth miles away from home. I asked what they expected me to do in this situation and the guy offered me a lift to the bus stop… I don’t fancy getting in a random person’s car and there are no buses where I live anyway (rural). I didn’t think airbags were mandatory so don’t understand why I couldn’t drive it home and return when they have the part required, and I think the way they handled it was appalling.

NailsForBreakfastTacksForSnacks · 13/03/2023 23:15

I’d assume the air bags are still fitted and would be dangerous if they suddenly exploded, or of not and you had an accident you could claim from them. They are really protecting themselves from a claim. Can’t really blame them for that.

They are handling it badly though. Get on to them first thing for a courtesy car. Copy on Honda UK as well. This is a Honda problem and shouldn’t be causing you difficulties.

RoseBucket · 13/03/2023 23:16

Is that 40 or 4 miles, they should cover the cost of a taxi as it’s a recall surely? I would have accepted a lift if it was home.

Ohjustboreoff · 13/03/2023 23:16

Airbags are not a legal requirement so they could have disengaged them so they didn't accidentally activate. You should have insisted on having your car back.
Hope you got it sorted.

Original poster

Staffielove23 · 13/03/2023 23:17

RoseBucket · 13/03/2023 23:16

Is that 40 or 4 miles, they should cover the cost of a taxi as it’s a recall surely? I would have accepted a lift if it was home.

Forty miles sorry

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Original poster

Staffielove23 · 13/03/2023 23:18

NailsForBreakfastTacksForSnacks · 13/03/2023 23:15

I’d assume the air bags are still fitted and would be dangerous if they suddenly exploded, or of not and you had an accident you could claim from them. They are really protecting themselves from a claim. Can’t really blame them for that.

They are handling it badly though. Get on to them first thing for a courtesy car. Copy on Honda UK as well. This is a Honda problem and shouldn’t be causing you difficulties.

No, the air bags were removed entirely but new ones couldn’t be attached due to a problem with the car.

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Bikeybikeface · 13/03/2023 23:22

Air bags, if fitted, have to be functional. I assume you just find your own way home, I wouldn’t expect a garage to get me home.

Original poster

Staffielove23 · 13/03/2023 23:23

Ohjustboreoff · 13/03/2023 23:16

Airbags are not a legal requirement so they could have disengaged them so they didn't accidentally activate. You should have insisted on having your car back.
Hope you got it sorted.

That’s what I thought. I did insist but he said because the car is fitted with air bags they must be working for it to be road worthy or something. I asked which piece of legislation supported this and he said MOT law, and that they’d be liable if there was an accident. I had to get my DH to leave his work early and make the almost two hour round trip to rescue me and now I have no car as DH needs his for work. The guy said it could be a month before they get the part. I could have cried, almost did.

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NailsForBreakfastTacksForSnacks · 13/03/2023 23:23

Ohjustboreoff · 13/03/2023 23:16

Airbags are not a legal requirement so they could have disengaged them so they didn't accidentally activate. You should have insisted on having your car back.
Hope you got it sorted.

It’s not illegal, but it’s not safe, and a car with an airbag light/failure is highly likely to pass an MOT.
The garage are covering themselves. If OP were to run in the back of a truck and gain serious injury she could sue.

Frabbits · 13/03/2023 23:25

I believe in the UK that garages do not have the legal right to refuse to return your car, even if they deem it unsafe. If your car fails it's MOT, for example, you can still demand they return it to you.

But really, would you want to drive your car if a garage is telling you it's unsafe?

Given the circumstances though, that you've handed over a working car and they've effectively broken it I would expect them to cover the additional cost of you getting a cab home and back to the garage to collect. If it's a chain dealership I would be getting in touch with their complaints department and kicking up a fuss.

Original poster

Staffielove23 · 13/03/2023 23:26

NailsForBreakfastTacksForSnacks · 13/03/2023 23:23

It’s not illegal, but it’s not safe, and a car with an airbag light/failure is highly likely to pass an MOT.
The garage are covering themselves. If OP were to run in the back of a truck and gain serious injury she could sue.

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I was aware of the risk but I needed to get home/ not be stranded. The risk is to myself and nobody else.

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wellthisisakward · 13/03/2023 23:26

Call insurance see if you can get a car for a while via your policy?

It's loosely a claim? You may find they could help.

Otherwise I'd be calling AA and getting them to recover my car from the garage, back to a local garage, or even to my drive.

I think it's really odd and not right that they can just take your car!

OutDamnedSpot · 13/03/2023 23:29

I’m really surprised by some of the responses here.

It’s outrageous that they kept you waiting so long, didn’t offer an alternative and can’t tell you when you’ll get your car back. I would be furious.

Can you call / tweet / email Honda head office? I’d also call Trading Standards / CAB to see what legal rights you have here too.

Casilero · 13/03/2023 23:32

Can you phone your insurers for advice?

If your mechanic is saying that airbags if fitted need to be safe, and he's removed them, then surely airbags aren't fitted? You can't be expected to go without a car due to a factory recall. That's insane. Can you call the manufacturer who ordered the recall if insurer can't help?

Rebel2 · 13/03/2023 23:33

It's tricky - I work in this area
We wouldn't have got the car in without knowing we had the part though
But if there's no courtesy cars, they can't produce one
I get you need the car back but they won't be willing to give it back with no airbags because of it not being safe and if you crash and sue
Might be worth asking if they can help you out with a deal with a local car rental company? They often can get preferential rates

Casilero · 13/03/2023 23:37

OutDamnedSpot · 13/03/2023 23:29

I’m really surprised by some of the responses here.

It’s outrageous that they kept you waiting so long, didn’t offer an alternative and can’t tell you when you’ll get your car back. I would be furious.

Can you call / tweet / email Honda head office? I’d also call Trading Standards / CAB to see what legal rights you have here too.

I'm surprised too. I'd be stuffed without a car, and it's a really poor show to recall a car knowing it can't be fixed. Really bad advertisement for Honda - presumably a relatively new model if it's being recalled.

NailsForBreakfastTacksForSnacks · 13/03/2023 23:48

Rebel2 · 13/03/2023 23:33

It's tricky - I work in this area
We wouldn't have got the car in without knowing we had the part though
But if there's no courtesy cars, they can't produce one
I get you need the car back but they won't be willing to give it back with no airbags because of it not being safe and if you crash and sue
Might be worth asking if they can help you out with a deal with a local car rental company? They often can get preferential rates

Exactly.
can you see the flip side of this thread? The garage gave me back my car with no working air bags and I crashed with my children in it, should I sue them?

Yes it’s spectacularly bad service, but they are covering themselves. Get on to Honda head office or as @Rebel2 suggests ask them to sort you a rental. They need to be providing you with an alternative.

Original poster

Staffielove23 · 14/03/2023 00:00

Rebel2 · 13/03/2023 23:33

It's tricky - I work in this area
We wouldn't have got the car in without knowing we had the part though
But if there's no courtesy cars, they can't produce one
I get you need the car back but they won't be willing to give it back with no airbags because of it not being safe and if you crash and sue
Might be worth asking if they can help you out with a deal with a local car rental company? They often can get preferential rates

Surely they should pay?

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NailsForBreakfastTacksForSnacks · 14/03/2023 00:04

Staffielove23 · 14/03/2023 00:00

Surely they should pay?

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They absolutely should!

separate your issues. They are right to keep the car for safety reasons but they need to provide you with an alternative, like for like vehicle until yours is in a roadworthy condition.
That’s the bit you need to force and as I say if you get no joy from the dealer go straight to Honda UK

Laurawharton · 14/03/2023 00:25

Surely you can sue for inconvenience or even get your money back on the car or just a replacement. Cars are like houses though and it’s very hard to know where you stand 😢

Mirabai · 14/03/2023 00:35

They can only keep your car if you haven’t paid them. You’re entitled to take your car back and take it to another dealer who can get the work done more quickly.

EnthENd · 14/03/2023 01:06

YANBU, An airbag failure does not make a car unroadworthy. (It's an MOT fail, but not every MOT fail makes a car unroadworthy!)

Regarding the garage "covering themselves", I'm sure they could do that with appropriate words and paperwork signed by you.

They might not want to and they might advise against it, but if you insisted on having your car back to go home they should have given it back to you.

miraveille · 14/03/2023 02:38

Why didn't you just get a taxi home?!

Magenta82 · 14/03/2023 02:54

miraveille · 14/03/2023 02:38

Why didn't you just get a taxi home?!

Because its 40 miles and would cost a fortune.

joiyc · 14/03/2023 02:59

I'm with the 'kick off big style' for a courtesy car ASAP (or a rental that they pay for).
They should have paid for your travel home too.

Magenta82 · 14/03/2023 03:01

joiyc · 14/03/2023 02:59

I'm with the 'kick off big style' for a courtesy car ASAP (or a rental that they pay for).
They should have paid for your travel home too.

Agreed!
I'd also be looking to go down the kick up a fuss on social media and in the consumer press route.