Who is at fault when my car leaks diff oil?
QUESTION
Hi John,
I was advised to contact you about an issue with my Subaru XV. I hope you don’t mind.
My car broke down 6000 km after the service which included draining and replacing front diff oil.
Subaru determined that the registered mechanic who did the service drained but did not refill the diff. The mechanic claims he did refill it, and it is on the job card.
While Subaru holds this line, they are not repairing (replacing the CVT and diff) under warranty. The repair cost is almost $13,000.
Is it possible to drive an XV for 6000 km, including several single day trips of up to 500km, at speeds of 110km/h, driving over the Blue Mountains, west of Sydney, with no oil in the front diff?
After 6000kms, a light flashed on the dash and I pulled over immediately and it went clunk and was not drivable.
I would value your opinion. Should this be a warranty repair, as I believe?
Thanks,
Wendy
ANSWER
Hi Wendy,
No, I don’t mind at all.
Your mechanic doesn’t remember servicing your car - he can’t. He cannot therefore tell you for certain if he re-filled the diff. He’s just reading the job card.
If the diff failed because it operated with no oil, there are only two options: 1. The mechanic failed to re-fill it after draining the diff; or 2. The oil leaked out subsequently in service.
If option 1 is the case then the failure could have occurred some time subsequently, but it is definitely the mechanic’s problem, and your claim is against him.
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If the oil leaked out subsequently (option 2) then this could be (for example) because the mechanic failed to re-fit the drain plug properly and it fell out in service, dumping the oil, or it could be because an oil seal or similar component failed, in which case it would be a warranty job and your claim would be against Subaru.
If oil leaked out there would be evidence: Oil under the car, sprayed under the body by the airflow of the car’s motion (for example) or on the floor under the car where you park it, as it drips out. If the drain plug fell out it would be missing.
This evidence would be absent if the diff was not re-filled with oil. So I’d get the facts together on the evidence: take photos, ask if the diff has the drain plug in place, etc.
Then talk to your solicitor about whom to proceed against. I’m no lawyer but you definitely have a consumer law claim here - the facts should point you in the direction of who is responsible.
Hope this helps.
JC
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