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.
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.