Moffat & Co Solicitors

Moffat & Co Solicitors
Accident Compensation Claim Solicitors Scotland
PO Box 28287
0131 662 6988
0131 667 8175

MASS Motor Accident Solicitors Society

Moffat & Co Solicitors Over 25 years of experience at your service

Motoring Accidents

Failing to Maintain Your Car Could Cost You More than just a Visit to the Garage

For many motorists, car maintenance is one of those chores that gets continually put on the back burner until it is practically forgotten about. Instead, many tend to run the risk of waiting for their car to be serviced to see if there are any problems, while some go even further and do not have their engines looked at until it is time for their annual MOT. However, as well as ensuring your car’s optimum performance, car maintenance is also a preventative measure. Leaving basic mechanics to chance can lead to far more costly circumstances than the mere inconvenience of having to change your oil or check your tyres once a week.

21 year-old Gary McCann was driving his car near the M4 in Berkshire just over two years ago. Without warning, the car in front – driven by Robert Scott – was engulfed by a cloud of blue smoke and suddenly stopped. Unable to see as the result of the smoke, Mr. McCann lost control of his own car and made for the hard shoulder, where it overturned. McCann suffered spinal injuries and now has to walk with a crutch, without which he cannot stand. In addition, he has had to give up many of his hobbies including going to the gym, playing snooker and playing football.

McCann is taking the unusual step of suing Robert Scott for failing to properly maintain his own vehicle and, as a result, causing accident and injury. In his writ, he accuses Scott of failing to maintain his engine, check oil levels or fluid levels at least weekly, failed to inspect the car for signs of oil loss or taken notice of the warning signs of heavy oil consumption such as blue smoke. McCann argues that, had these things been properly maintained, the accident would not have happened. The cost of the claim, if successful, would be more than £300,000 to Mr Scott, as it has been launched to cover the costs of care and ongoing treatment for Mr McCann’s injuries.

There are a number of basic steps that all motorists can pursue to ensure that their cars are not the cause of major accidents. Perhaps the best way is to compile a maintenance list, detailing all the necessary checks and how often they should be carried out. It should include tasks such as checking the engine oil and coolant, ensuring that the levels of automatic transmission fluid are correct and ensuring that the tyre pressure is well within manufacturer’s recommendation.

In addition, it pays for motorists to ‘listen’ to their cars. As soon as a warning light comes on or an unusual noise, vibration or shimmer is detected, the car should be taken straight to a dealer or garage as soon as possible. While, with luck, the problem may turn out to be minor and quickly treatable, it may also turn out to be something that is a symptom of a greater problem. While none of us relish the prospect of garage bills, they could turn out to be a lot cheaper than the possible alternatives if poor maintenance is proved to be the direct cause of a serious injury to another motorist.

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Since contacting Stan I was continously informed of the development and progress of each step of my claim. Stan was persistent and patient throughout the whole process and reassured me he would win me the compensation I deserved - and he was true to his word. I am extremely happy with the outcome of my claim and this is all thanks to Stan.


My case was dealt with personally by Stan Moffat and what a brilliant guy. His office contacted me personally by telephone at the start of my claim to explain who they were and what they would be doing for me. All through the case I was kept fully informed of all actions either by e-mail or by letter and reassured by Stan several times of any queries I had.

It is very seldom that a solicitor will take the time to speak personally at any time with you without getting run through secretaries etc. I commend this man for that as this was a very upsetting and important time for me and he did everything in his power to make this as easy and as swift as possible for me.

I highly recommend the service that this firm brings and the speed that they move at.

J McMahon

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