Garage liability and compensation

Questioner

I recently went to my garage twice because of a strange noise in my car. They said that there was nothing wrong, but this morning I had to call the ANWB because of a huge puddle of oil under my car. The mechanic asked if I had also heard a strange noise recently. Yes, I said. I also said that I had been to my garage with it, but that they said that there was nothing wrong. The mechanic said that the garage should have determined based on the noise that the gearbox had come loose. In other words, my garage could have prevented me from now having damage of around 2000 euros. Can I hold my garage liable for this, because they carried out an inadequate repair. However, the ANWB did not send my car to my own garage, because they do not have a contract with them.

Lawyer

In principle, you can hold your garage liable for the damage, but you would have been wise to formally put them in default for the repair. Now that this has not happened and the car has been repaired elsewhere (?), the chance of recovery has become considerably less. I advise you to have the car repaired at your garage if possible. If you cannot reach an agreement, I would be happy to look at your case.

Questioner

I can't put my garage in default now; they're on holiday and I need my car for work.

Lawyer

You will still have to report to your garage to claim repair. I understand that you need your car for your work, but I fear that the garage will not take that into account.