The diagnosis of car engine problems has come a long way since the days when a weekly check and clean of sparkplugs was necessary. Car dashboards light up with an astonishing array of warning lights and car mechanics use computer diagnostic tools to identify what’s gone wrong, and sometimes to fix it.

Unfortunately, alongside those changes we’ve all become used to sharing our opinions on social media, something which tripped up a car expert in a recent dispute about a misfiring Citroen.

In David Adam v Moneybarn the car developed faults a year after purchase and a claim, managed by Reject My Car Ltd, was  raised for the repair and/or replacement on the grounds that the car was defective when sold. Both experts agreed that a warning light was displayed and computer diagnostics showed faults but while the claimant’s expert, Mr Smith, diagnosed a misfire because ‘the whole car was shaking  and rocking badly’ and that this was a latent defect, the defendant’s expert observed no shaking and took the view that any misfire could have multiple causes rather than being a fundamental problem.

While the judge accepted that Mr Smith had both relevant knowledge and experience of mechanical faults it turned out that he had actively supported and marketed Reject My Car on Facebook and had, amongst other more temperate posts, commented “could this be the end to being treated with contempt by large, franchised dealerships?”. As the judge commented “Some posts, taken individually, might not give rise to a legitimate attack on Mr Smith’s impartiality. However, I am concerned not just to some of the more blatant individual posts but also the cumulative effect. It leads to the impression that Mr Smith has a certain view as to the car industry, and sympathy for the cases that Reject My Car Ltd take on. “

The expert was not assisted by his client neglecting to mention that he had covered 40,000 miles between buying the car and experiencing problems, the end result being that Reject My Car’s claim was consigned to the scrap heap, presumably along with the car!

The lesson for all experts is to be as careful and balanced in what you say on social media as you would be in court.  For more information on the roles of experts see https://academyofexperts.org/practising-as-expert/

Our picture is from “Grimmer Motors” in NZ