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Original poster

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

107 replies

Staffielove23 · 13/03/2023 23:11

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.

OP posts:
Rosula · 14/03/2023 09:21

GPTec1 · 14/03/2023 07:05

Waiver is inappropriate because the OP is not classed as a "competent person" so her signature on a bit of paper is worthless.

Its likely that her car insurance would be invalid too.

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Why wouldn't she be classed as a "competent person"? And what does that mean anyway? If you mean someone without capacity, clearly that doesn't apply.

Rosula · 14/03/2023 09:25

Deathbyfluffy · 14/03/2023 08:57

Yes, it’s pretty obvious that’s what they mean by competent person (a term used to describe someone with knowledge and/or qualifications in a particular field)

Unless they’re a mechanic who can judge the safety of driving without airbags and properly assess the risk while knowing the ins and outs of the issue, a random member of the public isn’t fit to make that decision.

Show quote history

Surely anyone can work out the risks of driving with and without airbags? After all, there are plenty of older cars on the road that don't have airbags, and clearly they are not all driven by mechanics. DH has one, and no garage has ever told him he's not allowed to drive it because he can't assess the risk.

PylaSheight · 14/03/2023 09:28

You should not be inconvenienced or out of pocket for a product fault that results in recall, surely. If the dealership insist on keeping your car, for something that is their fault, they should ensure you have a vehicle in the meantime, whether that's one of theirs or paying for a hire car. Not good PR for Honda.

lieselotte · 14/03/2023 09:31

If they can't fix it and can't provide a courtesy car they should pay for a hire car.
They can't just keep your car, that's ridiculous. It's not theirs!

Once again, I am left wondering if they would have treated a man like this.

Whatthediddlyfeck · 14/03/2023 09:35

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.

I wouldn’t expect it for a regular service, but when the car has been recalled because of a manufacturer’s issue, and you have no choice but go to that garage, I most certainly would expect them to help me out

lieselotte · 14/03/2023 09:35

Genuine question based on this, why are people allowed to sign waivers for dangerous activities like sky diving as they would also not have the expert knowledge to assess the risks etc

I have no idea why so many businesses do this, but I can confidently tell you that they are not worth the paper they are written on, and are arguably a criminal offence.

A business cannot disclaim its liability for death or personal injury caused by its negligence (or people working for it/providing services on its behalf).

And it is a criminal offence to mislead consumers about their rights.* * Getting someone to sign a disclaimer is arguably misleading consumers that they don't have rights if they suffer injury caused by the business's negligence such as not training staff properly or not maintaining equipment properly.

lieselotte · 14/03/2023 09:37

I am a bit confused about this article: www.somersetlive.co.uk/news/somerset-news/how-stop-garages-keeping-your-2117606

Some places are only MOT test centres, they don't do repairs/services as well. So how are you meant to get your car to somewhere to fix it, if you can't drive it away? I assume this only applies if your previous MOT has expired?

lieselotte · 14/03/2023 09:38

Oh I see that people do get stranded.

Last year I was told that my car needed two new tyres. I wasn't convinced at all, as I'd only had them checked 10 or so days beforehand but of course I got the "it will fail its MOT if we don't replace them" spiel. So this year I was going to take it to an MOT test centre to get it tested and then get it serviced by the garage. But maybe that isn't such a good idea. You can't win, can you?

Oblomov23 · 14/03/2023 09:41

Have you contacted your insurance for a courtesy car?
I would be phoning back then and complaining and then going to head office, that they left you for 5 hours with no info, then you had no way of getting home because they had no courtesy car. Poor.

Oblomov23 · 14/03/2023 09:47

I agree with @GPTec1

"Its a Honda recall issue & a well known one, Honda will have a bulletin telling the Garage exactly what is required and a supplied kit of parts, they should not have started work without the required parts."

I agree. This isn't just an ordinary repair. It's a well known recall on a part that isn't working.

So that makes it even more poor service than normal.

arabiandelight · 14/03/2023 09:59

so how did you get home?

CrotchetyQuaver · 14/03/2023 10:01

If you've got legal advice via your home insurance, I'd have a chat with them.
You drove in there with a car that was perfectly fine for a routine recall. they started the work and then realised they needed a part they didn't have in stock and won't get for a month. I don't think it's ok to leave you stranded without a car for that long when this problem is entirely of their making. They shouldn't have started the work.

Cars without airbags are still safe -as in deemed fit to pass an mot test every year. So whilst obviously it's not as safe as it was without the airbag functioning, it should still be roadworthy. They don't test airbags at the annual MOT.

I be looking at going to the head of the service department, then the head of the dealership with a view to getting either your car back or a replacement. I don't think you should be paying for the loan car either. They're the ones who have messed up.

Rosula · 14/03/2023 10:01

arabiandelight · 14/03/2023 09:59

so how did you get home?

OP has explained that. Read her posts.

Tohaveandtohold · 14/03/2023 10:17

This is poor service surely. I can understand that the garage is trying to cover themselves but this is a recall not a routine MOT or repair, op called to book because of the recall and they asked her to bring her car in for repair without having the right parts. Now they’ve removed the airbags and just expect her not to have a car for a month until they get the parts.
I’ll be stuffed without a car for a month for sure so there’s no way I’ll be accepting for a dealer not to give me a courtesy car by the end of the week at most or agree to pay if I have to loan one because that’ll what I’ll have to do. Please get on the phone or social media and complain. They hate all those bad press

HurryShadow · 14/03/2023 10:33

If it's a recall it's on them to provide you with either an alternative car or transport home.

They knew what work needed doing when they booked you in, so either they weren't prepared, or they broke something else in the process.

When I had a fault on my BMW during the warranty period, they didn't have a courtesy car available, but hired a car from the local Enterprise dealership.

Word to the wise though - even if it's supposedly a small job in the future, tell them you need a courtesy car, even if you aren't going to use it much.

I have a recall on my BMW and have had to wait a long time for an appointment with a courtesy car available, but it protects against this kind of scenario.

BellatrixLestrangesHeatedCurlers · 14/03/2023 10:40

I'm with you, that's disgusting to strand you like that. Contact your insurance and insist (nicely) that they provide a courtesy car - they should get you one asap. I had to do this once as the garage kept my car for cosmetic repairs, wouldn't allow me to drive it, and yet had no courtesy cars "for at least the next three weeks". Funnily enough when my insurers passed the bill for the other courtesy car (from a hire service) to the garage, another courtesy car from the garage miraculously appeared two days later.

Catspyjamas17 · 14/03/2023 10:53

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.

Show quote history

In that situation she could sue the manufacturer, regardless of whether the garage knew about it. Really shit customer service to leave you stranded.

HurryShadow · 14/03/2023 10:55

lieselotte · 14/03/2023 09:31

If they can't fix it and can't provide a courtesy car they should pay for a hire car.
They can't just keep your car, that's ridiculous. It's not theirs!

Once again, I am left wondering if they would have treated a man like this.

Amen to the man point. I bet they'd have bent over backwards to make sure he got home.

I'm almost surprised they didn't ask OP if her husband couldn't come and collect her.

Dinosaurdrip · 14/03/2023 11:06

piedbeauty · 14/03/2023 07:48

Why on earth did the garage start the job without having all the parts? And why will it take a month to get the new part? Most car parts can be ordered for next-day delivery.

Sympathy - I hope you get things sorted.

We just got our car back last week after 10 months in the garage!! Once they found out what the problem was (something to do with an additive which is secondary to the adblue) they just couldn't get the part to repair it.

Whatthediddlyfeck · 14/03/2023 11:09

BellatrixLestrangesHeatedCurlers · 14/03/2023 10:40

I'm with you, that's disgusting to strand you like that. Contact your insurance and insist (nicely) that they provide a courtesy car - they should get you one asap. I had to do this once as the garage kept my car for cosmetic repairs, wouldn't allow me to drive it, and yet had no courtesy cars "for at least the next three weeks". Funnily enough when my insurers passed the bill for the other courtesy car (from a hire service) to the garage, another courtesy car from the garage miraculously appeared two days later.

But it’s nothing to do with her insurance company

Clevs · 14/03/2023 11:22

If it's a recall then it's a known problem. Surely if they know what the problem is they should have had the parts before agreeing to do the work?

I booked my car in once for investigation for a fault. When they looked at it the fault meant the car was dangerous to drive and they wouldn't let me have it back. They didn't have any courtesy cars available that day so they hired one at their expense from Enterprise until they got the part and repaired my car. I'm going back around 18 years though and it was at VW. They may not be as willing to do it these days as everyone is trying to save money somehow.

Original poster
Staffielove23 · 14/03/2023 16:59

Update.. spoke to head of customer care team today and they will not provide a courtesy car or a hire car because we don’t meet the criteria. Something to do with the age of the car. I will never buy Honda ever again.

OP posts:
Original poster
Staffielove23 · 14/03/2023 17:19

We phoned Honda head office after the Honda garage in Edinburgh told us to phone them to get authorisation for a hire car. Seems weird that they don’t know their own criteria.

OP posts:
lieselotte · 14/03/2023 17:23

Well in that case you get your car back. They can't have it both ways.

Maybe talk to your insurance company although I doubt this is covered.

Do you have legal cover on your car (or home?) insurance or via an employer assistance scheme? You could call them for advice and send Honda an assertive letter of complaint.

Maybe tweet Honda as well and say how disgusted you are with their lack of customer care. Copy in people like Winifred Robinson and see if they change their tune.