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FEGEITOK's Posts

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Car Talk › Re: Abuja-Calabar (8/2/16) and Calabar-Abuja(10/2/16) Trip Diary by FEGEITOK(op): 12:54pm On Mar 10, 2016
So first of all, how did my P0171/P0174 go?

DAY 1
I took of the intake manifold and used generous amounts of RTV to ensure there was no opportunity for air to escape, but the code did not go.

I went against the grain of the quoted advice above because i felt that since i opened up the intake manifold i must have created a leak.

DAY 2 and DAY 3
When that did not work, I then replaced the hoses around the PCV valve but i only noticed improvements in the fuel trim for just one out of 2 banks. This was repeated the next day, I even purchased clamps to ensure air tight seals at all junction points.

DAY 4
I took out the fuel filter and gave it a good clean and then replaced it, still no difference. Infact I even created new codes from failing to connect the fuel gauge plug tightly.

DAY 5
I opened up the EGR valve and then used RTV between it and the manifold to ensure a perfect seal (improvement on the way to gwagwalda), but when I returned and tested the car the fuel trims had gone awol again for one bank

DAY 6
so I decided to clean the MAF sensor and then only then did everything go to normal and have continued to stay normal.

Lesson learned:
1.I should have started with the MAF sensor as advised above.
2.It took over a week to sort it out. troubleshooting takes time.
3. In most cases you cannot troubleshoot without a code reader and the ability to understand fuel trims. I would perform a fix in the morning, then hook up my obd code reader and drive and keep checking if things have changed. When they did not change, I would start the day with another fix and do the obd code reading of pending codes and stored codes and fuel trims. if your mechanic does not use an obd scanner and doesn't know how to read them, you can still use him for certain things, but start looking for one who can cause you will need such sooner than later.
4. a lot of residual knowledge is required to fix cars
5. you need to be painstaking and thorough to troubleshoot cars properly

Morale of the story:
troubleshooting a car can be a pain in the ass, so if your mechanic sorts out an issue for you, be him a Kazeem or a well-trained engineer, pay him his deep respects, it takes a lot of knowledge/experience to accurately diagnose and fix car issues.
Car Talk › Exhaust Leak Between Catalyst And Muffer But After O2 Sensors - Worry Or Not? by FEGEITOK(op): 12:36pm On Mar 10, 2016
I want expert advice.

All the resources checked online are not categorical.

Will this affect my fuel economy or not?

If yes, why and how?

If no, why not and how not?

I want to travel again and will cover 800km one way, or 1,600km both ways.

So the further the fuel can take me along the better.

If it will, then I will fix it before traveling, but it will not then, I can let it be after all the exhaust sound is not a nuisance to me or anyone else as at now.

Any ideas will be highly appreciated
Car Talk › Re: How To Avoid Accidents On Lagos-ibadan Expressway by FEGEITOK: 6:36pm On Mar 09, 2016
Don't do 200 km/hr


keep a safe distance from vehicles in front of you because there are just too many potholes abi man-holes

When I plied that route last month a late model Camry lost two tires from following too closely and being unable to miss a terribly bad pothole
Car Talk › Re: Abuja-Calabar (8/2/16) and Calabar-Abuja(10/2/16) Trip Diary by FEGEITOK(op): 3:02pm On Feb 24, 2016
FEGEITOK:
i think it is related to a recent work done on the intake manifold, I think the seal is not air tight enough and at full throttle, I hear the sound of air appearing to be sucked into the engine or sucked by the engine very greedily and loudly.

Here is what OBD-CODES.COM has to say about the fault:

A lot of times, cleaning the MAF sensor and finding/fixing vacuum leaks fix the problem.

If you're on a tight budget, start there, but that may not be the fix for certain.

So, possible solutions include:

Clean the MAF sensor. Consult your service manual for it's location if you need help. I find it's best to take it off and spray it with electronics cleaner or brake cleaner. Make sure you are careful not to damage the MAF sensor, and make sure it's dry before reinstalling

Inspect all vacuum and PCV hoses, replace/repair as required

Inspect all hoses and connections in the air intake system

Inspect and/or test the intake manifold gaskets for leakage

Check for a dirty fuel filter and proper fuel pressure

Ideally you'll want to monitor short and long term fuel trims using an advanced scan tool

If you have access, you may want to run a smoke test
Feels so good to troubleshoot and fix a stored P0171 and later a pending P0174 and to see STFT/LTFT reduce to single digit from double digit.

I can bet that I can go to Calabar now with just 10,000.00

My STFT is now 0 percent for both bank 1 and bank 2

While my LTFT is hovering between 2 and 3 percent for bank 1, and under 1 percent for bank 2.

Next post will tell how I did it!
Car Talk › Re: Abuja-Calabar (8/2/16) and Calabar-Abuja(10/2/16) Trip Diary by FEGEITOK(op): 12:23am On Feb 23, 2016
i think it is related to a recent work done on the intake manifold, I think the seal is not air tight enough and at full throttle, I hear the sound of air appearing to be sucked into the engine or sucked by the engine very greedily and loudly.

Here is what OBD-CODES.COM has to say about the fault:

A lot of times, cleaning the MAF sensor and finding/fixing vacuum leaks fix the problem.

If you're on a tight budget, start there, but that may not be the fix for certain.

So, possible solutions include:

Clean the MAF sensor. Consult your service manual for it's location if you need help. I find it's best to take it off and spray it with electronics cleaner or brake cleaner. Make sure you are careful not to damage the MAF sensor, and make sure it's dry before reinstalling

Inspect all vacuum and PCV hoses, replace/repair as required

Inspect all hoses and connections in the air intake system

Inspect and/or test the intake manifold gaskets for leakage

Check for a dirty fuel filter and proper fuel pressure

Ideally you'll want to monitor short and long term fuel trims using an advanced scan tool

If you have access, you may want to run a smoke test
Car Talk › Re: Abuja-Calabar (8/2/16) and Calabar-Abuja(10/2/16) Trip Diary by FEGEITOK(op): 12:09am On Feb 23, 2016
Analyzing my fuel usage shows that the vehicle has a fault which I discovered to be P0171, too much air, too little fuel.

I am going to try to sort it out so I can do the trip again and compare the results.

I planned to use around 9,000.00 to 10,000.00 fuel but spent almost 13,000.00

I will post the results of my attempt to sort this issue out as well as complete the second half of the journey
Car Talk › Re: Abuja-Calabar (8/2/16) and Calabar-Abuja(10/2/16) Trip Diary by FEGEITOK(op): 12:06am On Feb 23, 2016
lonelydora:
Nice report Op. Even though I have the GPS map whenever I'm traveling, I still rely 100% on my hard copy map which I uploaded on the first page. That map has never disappointed me.
I think it is a good idea to have a paper map, although my step by step guide which listed which city to get to before getting to the other was helpful
Car Talk › Re: Abuja-Calabar (8/2/16) and Calabar-Abuja(10/2/16) Trip Diary by FEGEITOK(op): 2:42am On Feb 19, 2016
Like I said before, I was stopped by a police vehicle marked OSSO TSIAKA ISIAGU 002 with registration number NPF910D, and I lost an hour there.

My crime according to them was attempting to pass a police checkpoint without slowing down.

Am sure drivers will relate to this.

A group of policemen are busy trying to do whatever with a driver (you can let your imagination run riot!) they have stopped on the opposite side of the road.

Noticing that they are all busy with the driver of that vehicle, you see no need to crawl to a stop at an unattended checkpoint. But you slow down a bit, but not so much, at least to safe passing speed in case of anything happening given that there are people standing on the road, and plot how glide past another checkpoint without having to stop and add minutes or hours to your arrival time.

Question is, is that a crime? By any standards?

So by the time I got pretty close, one or two of them noticed that a vehicle was coming and decided to turn around and face me, so out of respect, I slowed down and stopped and I was accused by trying to run them down. When they were not even on my side of the road.

I have attached a picture of the GPS coordinates of the location of the stop.

I feel that except for the loss of an hour at this stop and the need to stop to replace a faulty track rod end ( tie rod) I should have gotten to Calabar by 5pm).

Has this happened to anyone? Do you relate?

In the end, I left without spending a kobo because one of them said we speak the same language, and threatened that if the head of the team did not allow me to go, he would retaliate when someone who spoke his own language was stopped and he wanted to let him go!

Car Talk › Re: Crash- What Do U Suggest We Do For Thismechanic by FEGEITOK:
Basically, OP you stand on higher grounds and he stands on an extremely shaky foundation.

If you must pity him, let the cost of the damage be quantified and let him bear (anything more than 51% of the cost of the damages, ideally aim for 70% in lieu of pursuing your rightful and legal claims against him). I suggest you ask him to get a lawyer, so you both sit at a table to negotiate this issue, his lawyer should let him know, that the law is on your side, so he better play ball your way.

So do not waive your rights away by agreeing to the obnoxious condition that he should repair the damages he has created, tell him you want the repair money, you would rather fix it yourself at another mechanic, since he has destroyed the trust you reposed in him.

Now to the subsidiary issue: If a vehicle suffers frame or structural damage, it is unsafe to drive. That brings to my mind, all those cases I keep seeing in which local mechanics cut a car into two and take a good half from one car to join to another good half, if I had a way of knowing that that had happened, I would never buy such a car or be driven in one.

If indeed as some experts attest that the vehicle has suffered structural/frame damage, it is not safe to drive.

if you sell the whole vehicle as scrap at a go, you will not make more than 180,000 to 250,000.00 but you will get money en bloc.

If you part it out bit by bit, you can earn more than the worth of the car at the moment, or even the worth of the car tokunbo, but the issue is you cannot determine how long that will take.

So have got to make a trade-off here, and I do not think the appropriate trade-off is to absorb all the losses yourself when you are not in any way at fault here!

I hope that I have helped you to know what your rights are, and what your remedies are, so you can make an informed decision in the circumstance.

Good luck.
Car Talk › Re: Crash- What Do U Suggest We Do For Thismechanic by FEGEITOK: 1:48am On Feb 19, 2016
In tort law, a duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. Source: Wikipedia

If negligence is established or resolved against the mechanic, then damages must flow from the mechanic to the OP.

So the first duty of the OP is to establish negligence and in the case of Universal Trust Bank of Nigeria V Fidelia Ozoemena SC. 129/2001, the Supreme Court of Nigeria per Umaru Atu Kalgo, J.S.C.defined negligence as follows:

Negligence has been defined in Oxford Advanced Learner's Dictionary 5th edition as "lack of proper care and attention, careless behaviour.”

Negligence is a tort and it is complete when three conditions are satisfied. These are:


1. The defendant owes a duty of care to the plaintiff;

2. The defendant has acted or spoken in such a way as to break that duty of care;

3. The conduct of the defendant was careless.

See Clerk and Lindsel on Torts 14th Edition, page 474. Agbonmagbe Bank Ltd V. C. F. A. O (1966) 1 All NLR 140; Oyidiabu V. Okechukwu (1972) 5 SC 191, Orhue V. NEPA (1998) 9 NWLR (pt. 557) 187.

The tort of negligence is traditionally described as damage which is not too remote and caused by a breach of duty of care owed by the defendant to the plaintiff. The established legal position is that the onus of proving negligence is on the plaintiff who alleges it and unless and until that is proved, it does not shift. In other words where a plaintiff pleads and relies on negligence by conduct or action of the defendant, he or she must prove by evidence the conduct or action and the circumstances of its occurrence, giving rise to the breach of the duty of care. It is only after this that the burden shifts to the defendant to adduce evidence to challenge negligence on his part. And what amounts to negligence is a question of fact not law and each case must be decided in the light of its own facts and circumstances. See Kalla V. Jarmakans Transport Ltd (1961) All NLR 747; Ngilari V. Mothercart Ltd (1999) 13 NWLR (pt. 636) 626.

For a plaintiff to succeed in an action for negligence, he or she must plead all the particulars in sufficient detail of the negligence alleged and the duty of care owed by the defendant and all these must be supported by credible evidence at the trial. See Koya V. U.S. A (1997) 1 NWLR (pt 481)251.

In an action for negligence, a plaintiff can only succeed if in addition to pleading it and particulars thereof, he or she must also show the duty of care owed to him or her by the defendant and the breach of that duty by the defendant. It is not enough to allege all these in pleadings without establishing them by credible and reliable evidence at the trial.

In the case of Anyah V. Imo Concorde Hotels Ltd & 2 ors (2002) 18 NWLR (pt. 799) at page 377, this court held-

"For the defendant to be liable for negligence there must be either an admission by him or sufficient evidence adduced to support a finding of negligence on his part."

And it went further to hold -

"The most fundamental ingredient of the tort of negligence is the breach of the duty of care which must be actionable in law and not a moral liability. And until a plaintiff can prove by evidence the actual breach of the duty of care against the defendant, the action must fail. See Benson V. Utubor (1975) 3SC 19; Okoli V. Nwagu (1960) SC NLR 48; (1960) 3 FSC 16; Nigerian Airways Ltd V. Abe (1988) 4 NWLR (pt. 90) 524; Strabag Construction (Nig) Ltd V. Ogarekpe (1991) 1 NWLR (pt. 170)733."

And per George Adesola Oguntade, J.S.C., the Supreme Court of Nigeria further elaborated:


Negligence has been described as being the omission to do something which a reasonable man would do, or the doing of something which a reasonable man would not do. (per Alderson B. Blyth v. Birmingham Waterworks Co. (11856) 11 Ex at 784, cited by Lord Reid in Bolton v. Stone (1951) A.C. at 865, and applied in Prosser v. Levy (1955) 1 W.L.R. 1224. to maintain an action for negligence it must be shown (a) that there was a duty on the part of the defendant towards the person injured (b) that the defendant negligently performed or omitted to perform his duty (c) that such negligence was the effective causes of injury of damage to the plaintiff. See Mc Dowall v. G. W. Ry (1903) 2 K.B. at page 338. The onus of proving that the result of the negligence was the effective cause of the injury is upon the plaintiff. See Ruoff v. Long (1916) 1 K.B. 152. The defendant is responsible for all the consequences he could foresee or reasonably be expected to foresee as the natural result of his negligent act or his negligent act or omission See Clark v. Chambers (1878) 3 Q.B.D. 327. The defendant is also liable for all the direct physical consequences even though they could not have been foreseen. See Ire Polemis and Rurness Withy (1921) 3K.B. 560. The statement of claim 'ought to state the facts upon which the supposed duty is founded and the duty to the plaintiff with the breach of which the defendant is charged'. Particulars must be given in the pleading showing in which respect the defendant was negligent, and the details of the damage sustained. An express allegation of duty on the part of the defendant is a mere inference of law.

The Torts Law of Anambra State 1986 Cap. 135 would appear to have encapsulated the common law principles of torts and nuisance. Sections 217, 218 and 251 of the aforesaid Torts Law provide:



"Section 217 of the said Torts Law provides on negligence as follows:



217. Negligence as civil wrong shall consist of breach of a legal duty to take care which results in damage, which may not have been desired or even contemplated by the person committing the breach, to the person to whom the duty is owing.



218. Subject to this Law, every person shall have a duty to take reasonable care to avoid any act or omission which he is reasonably expected to foresee as likely to injure persons who are so closely and directly affected by his acts or omissions that he ought reasonably to have them in contemplation as being so affected when he is directing his mind to any such act or commission.

It ought generally to be borne in mind however that negligence is a question of fact not law, and each case must be decided in the light of its own facts. See Kalla v. Jarmakani Transport Ltd. [1961] All N.L. R. 74. It is also settled principle of law that in an action based on the tort of negligence, the plaintiff must show that the defendant owed him a duty of care and that he suffered damage in consequence of the defendant's failure to take care. See Agbonmagbe Bank Ltd. v. C.F.A. O. Ltd. [1967] N.M.L.R. 173.
Car Talk › Re: Crash- What Do U Suggest We Do For Thismechanic by FEGEITOK: 1:29am On Feb 19, 2016
Source: http://www.legalmatch.com/law-library/article/automobile-mechanic-liability.html

Story:
Automobile Mechanic Liability

When you leave your car with a mechanic for repair or service, you have a bailment relationship with the mechanic. As a result, has several legal duties. Specifically, the mechanic must:

1.Treat your car with a reasonable standard of care until you pick it up.

2. Make repairs in a skillful, careful, and workmanlike manner. He must have the ordinary skills of other mechanics.

3.Inspect your car to make sure that it is not a danger to the driver or other driver and repair the car to make it safe for use.

4.Give a written estimate and receive authorization before doing any repair work, in many states. In these places, even if the mechanic does excellent work and charges a reasonable price, the mechanic cannot recover for his work because he gave no estimate.

5.Not engage in fraud, concealment, lowballing, or bait and switch.

6.Not make unauthorized or unnecessary repairs.


When Is the Mechanic Liable for Damages Resulting from Faulty Service?

A mechanic is liable for damages if you suffer damages as a result of negligent repairs. For example, if the mechanic uses the wrong parts or misplaces a part, and then your engine explodes when you start the car, the mechanic is liable. It does not matter if you already paid the bill and find out about a problem later. The mechanic is still liable.

However, if the mechanic offers to correct his negligent repairs at no cost, and you choose not to, you cannot claim that he caused you damage because you failed to have the problem fixed. Also, you cannot cause the damage through your own negligence or assumption of risk.

What about the Contents of My Car?

A mechanic is only responsible for the safekeeping of items inside your car if he knows they are inside. Otherwise, the mechanic is not liable if they are damaged or stolen.


What If My Car Is Stolen from the Repair Shop?

In general, the mechanic is not responsible for the theft of your car from his repair shop unless his negligence caused the theft. The mechanic has to do or forget to do something that leads to your car being stolen. For example, if the mechanic leaves the keys in your unlocked car and parks it on the street, he is responsible if someone steals it.


What about Disclaimers?

Mechanics will often try to disclaim their liability by posting signs or including disclaimers on contracts. These disclaimers are ineffective if you do not agree to the terms or were never made aware of such terms. Additionally, a mechanic cannot disclaim his negligence or that of his employees. For example, the mechanic would be liable for damages if an employee negligently starts a fire in the repair shop that destroys your car.

Conclusion/Summary:
Although there is no written contract, or oven a properly structured oral contract. The very act of handing over your car to the mechanic creates a relationship recognized by law between the OP and the mechanic. As as everyone knows, every time a relationship is created, obligations arise, now that is another way of saying legal duties towards each other. In this case, the obligation of the OP to pay the mechanic upon satisfactorily completing the job as well the obligation not to short-pay. In the same vein a number of obligations or legal duties are due from the mechanic in favour of the OP, as enumerated above.

Clearly, the mechanic can run afoul of his legal duties aka obligations and in such cases, damages ought to be paid unless waived by the OP. I am bring this up, because an impression is being given that the OP's only choice is to swallow his losses, if that were the case, then the OP has no choice. For there to be a choice, they have to be options, in this case, the OP has a choice, pursue legal remedies he is entitled to or give up on his legal remedies, but most definitely not just/only the latter.

In other words, then if there is an error of commission or omission on the part of the mechanic, then clearly he is liable for damages to the OP. The question is really if the OP intends to pursue claims he is legally entitled to.

Thus even if a master mechanic did not case the problem himself, but one of his apprentices caused it, he is himself liable. So master mechanics, don't just teach your apprentices how to troubleshoot, teach them how to exercise an appropriate degree of the standard of car to client's vehicles that common law and statutory law requires of/demands of you, because like some people would say, in the final analysis, the buck stops with you!
Car Talk › Re: Crash- What Do U Suggest We Do For Thismechanic by FEGEITOK:
Source:http://thegarage.jalopnik.com/your-car-was-damaged-while-in-the-shop-who-pays-1677368418



Story: You bring your car to a dealer for repair and when you pick it up it has a dent in it. The manager tells you to file a claim with your insurance company because he does not know what happened to your car. What do you tell him?



Of course, your instinct is to tell him to take a flying leap – or worse – and, your instincts are right. Many states even have laws which help you pin the garage keeper with the liability.



In Michigan, it comes from MCL 256.541, often called the Garage Keeper’s Liability Act.



Whenever any damage shall be done to any motor vehicle while in the possession or under the care, custody or control of the owner, his agent or servant, or the keeper of any public garage or other establishment where such vehicle shall have been accepted for hire or gain, proof of such damage shall be prima facie evidence that such damage was the result of the negligent act of such owner or keeper of the place where such vehicle was stored.



What this statute does is shift the burden of proof in a situation where you give your car to someone else under certain circumstances. This does not mean you will automatically win this argument but it gives you a big leg up. In a typical legal setting, you must prove your case by a preponderance of the evidence and you would have to prove the defendant was negligent. With a law like this, the garage keeper has to prove that it was not negligent. The standard of proof is reversed – which makes it much easier for you to prevail.



The obvious ones are the repair shop or a parking lot that charges you money. If the vehicle is damaged during the time it is in their possession, care, custody and so on, the law presumes the damage was the result of the garage keeper’s negligence. And that’s because it usually is.





“But wait,” you ask. What about those huge signs you see at the entrance of the garage that claim the owner is not liable for anything? Or the back of the parking stub which likewise says the same thing?



Anyone can put a sign on the wall – especially if they own the wall – but that doesn’t make it the law. The sign deters people from following up on this when it happens to them. Same thing with the ticket stub. If the ticket stub told you to jump off a cliff, would you? They are banking on the fact that many people with valid claims will not pursue them - presuming that the sign or the ticket stub actually reflects the law.



Conclusion/Summary:

Is it really true that this is the responsibility of the insurance company of the car owner or the responsibility of the insurance company of the mechanic? The answer is that insurance is a business, and when the insurance company investigates the circumstances under which this accident occured, the insurance company will most likely attempt to disclaim responsibility and put the fault of the negligence of the mechanic who failed in his duty of care towards the car left in his possession and towards the owner of the car. In saner climes, you cannot legally ply your trade in the services industry without an insurance cover for such circumstances, due to liability concerns. So passing the buck on the insurance company is not necessarily going to work, in summary it is not a foolproof and guaranteed remedy. Even if Nigerian stated do not have such laws as most American states have, the fact remains that under common law which Nigeria observes and follows, the mechanic has is in breach of his obligations towards the OP. The question is, is the OP ready to activate his remedies under the law, unless someone pays the price of fighting such fights, our jurisprudence will never get to where such is in advanced climes.



How does the law aid the OP? The law tells the mechanic, tell me how you were not negligent. How did replacing an engine seat result in the circumstances we find in the various pictures on this thread. if he does not have a satisfactory answer, then he is in breach of his duty of car aka he is negligent towards to OP and should pay the price aka remedy the OP.



If the mechanic disclaims liability in writing via a sign or a note in his receipt, does the law recognize it? NO! not at all. the mechanic will find out very sadly that if the issue arises in court, it will fall like a house of cards leaving him naked. it makes no sense to rely on such. In the American case of Gardner v. Downtown Porsche Audi (1986) 180 Cal.App.3d 713 [225 Cal.Rptr. 757] , the court asked and answered: This case raises an issue common in daily life yet one which has received almost no attention in California appellate decisions. [180 Cal.App.3d 715] May an automobile repair garage avoid liability for its negligence by having car owners sign a waiver form when they leave their cars with the garage? In this opinion, we hold they cannot and affirm the judgment below. Note: summary is extracted from a lawlink.com website which I decline to post but acknowledge due to nairaland's extremely sensitive antispam settings
Car Talk › Re: Crash- What Do U Suggest We Do For Thismechanic by FEGEITOK:
The OP asked what should be done to the mechanic.

The OP did not ask what should be done to the car.

So to answer the OP's question.

I will address first an foremost what should be done to the mechanic before addressing the question what should be done to the car, which the OP did not ask but which is incidental to the issue raised by the OP.

I will try to be extremely objective, so both sides of the divide will learn, if they did not know before as well as take precautions in the best interests of all concerned.

What I will not do is go into extreme details to give advice for free, after all I am not being paid for this. This is Pro Bono, so to minimize my costs in terms of brain waves and time and analysis, I will draw on already prepared sources and appropriately acknowledge them, and then explain how they apply to the matter at hand.

That the car is worth less than a million naira does not mean that the loss should be borne by the OP alone, when through no fault of his this happened, but through the fault of his mechanic, this state of affairs came to be..

From the legal point of view the question is this:

Has the mechanic done a wrong to the OP that the law recognizes? The short answer is yes.

The second question from the legal point of view is this:

Is the law willing to provide a remedy in favour of the OP at the cost of the mechanic? The short answer is yes.

Now that that is out of the way.

I will provide proof for the above position.

In law, you state principle and then support it with grounds.

I have stated a principle, I will in the next post provide the grounds for the principle.

So all drivers and all mechanics, both practicing and intending, please take heed!
Car Talk › Re: Crash- What Do U Suggest We Do For Thismechanic by FEGEITOK: 5:36pm On Feb 16, 2016
Stay with the mechanic

incapacitate the car so it cannot move before you leave it with him

hold the key, but leave the car with him

make him sign a document assigning the full weight of responsibility to him for damage other than in the normal course of business

personally, i do not permit mechanics driving my ride under any circumstances and under any guise

But based on the tort of negligence if you want to go the court route, he might have to pay for damages caused. Clearly, he was negligent, so why should he escape responsibility just because he is a mechanic? The issue is this, when the court finally decides will he be able to foot the bill?

Negligence (Lat. negligentia, from neglegere, to neglect, literally "not to pick up something"wink is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances.[1] The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.

According to Jay M. Feinman of the Rutgers University School of Law;

The core idea of negligence is that people should exercise reasonable care when they act by taking account of the potential harm that they might foreseeably cause to other people."[2]

"Those who go personally or bring property where they know that they or it may come into collision with the persons or property of others have by law a duty cast upon them to use reasonable care and skill to avoid such a collision."
— per Lord Blackburn in The Dublin, Wicklow, and Wexford Railway Company v Slattery[3]
source: https://en.wikipedia.org/wiki/Negligence

In order to prove that the defendant was negligent and therefore liable for your injuries, you must prove all of the "elements." For instance, one of the elements is "damages," meaning the plaintiff must have suffered damages (injuries, loss, etc.) in order for the defendant to be held liable. So even if you can prove that the defendant indeed acted negligently, you may not collect damages if you didn't suffer any injuries.

Juries are instructed to compare the facts, testimony, and evidence with the following elements before reaching a verdict:

Duty
Breach of Duty
Cause in Fact
Proximate Cause
Damages

These five elements are explained in greater detail below. See FindLaw's Negligence section for additional resources and articles.
- See more at: http://images.findlaw.com/optimost/accident-injury-law/elements-of-a-negligence-case-2.html#sthash.ykuOnLXr.dpuf

source: http://images.findlaw.com/optimost/accident-injury-law/elements-of-a-negligence-case-2.html

The elements which constitute a negligent tort are the following: a person must owe a duty or service to the victim in question; the individual who owes the duty must violate the promise or obligation; an injury then must arise because of that specific violation; and the injury causes must have been reasonably foreseeable as a result of the person's negligent actions. Contact a negligence lawyer to acquire legal advice and assistance.

source: http://tort.laws.com/negligence-standard-of-conduct/negligence-tort

BUT YOU CAN TEACH HIM A LESSON, SO HIS STORY WILL BE TOLD AND RETOLD AS A WARNING TO THE REST OF HIS KIND!

So to avoid all the trouble, I stay with you while you fix my car, and I take my car away afterwards, end of story
Car Talk › Re: Abuja-Calabar (8/2/16) and Calabar-Abuja(10/2/16) Trip Diary by FEGEITOK(op): 2:39pm On Feb 16, 2016

Car Talk › Re: Abuja-Calabar (8/2/16) and Calabar-Abuja(10/2/16) Trip Diary by FEGEITOK(op): 2:25pm On Feb 16, 2016
I suffered from corruption of the map installed on my phone due to the use of the wrong kind of car phone mount and the effects of potholes and crackers shaking the car mount from its foundation or should I call it base which happened to be the car vents.

I have attached a picture of the kind of mount that got me in trouble.

Problematic car phone mount picture credit: http://www.amazon.com/WizGear-Universal-Magnetic-Swift-SnapTM-Technology/dp/B00PGJWYJ0/ref=sr_1_2?s=wireless&ie=UTF8&qid=1455628492&sr=1-2&keywords=car+mount+wizgear

Recommended car phone mount: http://www.amazon.com/Karnotech-Auto-Smart-Universal-Samsung-smartphone/dp/B017XJVKCM/ref=sr_1_1?s=wireless&ie=UTF8&qid=1455628889&sr=1-1&keywords=car+phone+mount

A better car phone mount should be able to grip the phone on both of its sides and is less susceptible to shock

Sadly try all I did, the phone refused to download new maps over a cellular connection. It insisted that I must be connected to a WLAN before I can download the maps again.

So as a result I had to depend on the navigation app pulling down the map from the internet as and when needed which was not all the time since they were blackspots ( i mean areas without cell phone coverage) or stopping to ask for directions or switching to the silent Sygic navigation map

Car Talk › Re: Abuja-Calabar (8/2/16) and Calabar-Abuja(10/2/16) Trip Diary by FEGEITOK(op): 2:08pm On Feb 16, 2016
aieromon:
Nice review.

Quick question - how did you miss your way from Lokoja to connect the Lokoja-Ajaokuta expressway? Was it the fault of the maps or wrong directions given by people you met along the expressway?
Sorry for my bad manners, I should have answered you first! But it escaped me!!

Well, I have only driven that route once I mean the Abuja - Lokoja - Ajaokuta way.

I have been driven in a bus more than once but less than 3 times and I did not take note of the turns and twists so I could drive.

So I really was dependent on my Here Maps Drive+ to take me from point to point. As my Sygic had expired and so there were no more voice prompts.

I made the mistake at the last left turn around a roundabout because I misunderstood the directions from the navigation app.

Until this moment I refused to stop to ask for help. When it became patently clear that I had lost my way, I ate the humble pie and asked for help and got back on track!
Car Talk › Re: Abuja-Calabar (8/2/16) and Calabar-Abuja(10/2/16) Trip Diary by FEGEITOK(op): 12:50am On Feb 15, 2016
How the engine bay looks like

Picture 1 credits: http://gtcarlot.com/data/Mazda/MPV/2001/5701941/Engine-47474804.html
Picture 2 credits: http://images.gtcarlot.com/pictures/59192359.jpg

Picture 3 credits: edmunds.com

Car Talk › Re: Abuja-Calabar (8/2/16) and Calabar-Abuja(10/2/16) Trip Diary by FEGEITOK(op): 12:36am On Feb 15, 2016
Piyke:
Nice detail. A few pics would have made a goo feast for the eyes. Sorry if I missed it, what car did you do this in?
I'll spice it up with pictures.

Kinda busy but the story isn't finished yet...

I'll be back...

I have answered the question of the sort of vehicle in pictures

Picture credits: edmunds.com

Car Talk › Re: Abuja-Calabar (8/2/16) and Calabar-Abuja(10/2/16) Trip Diary by FEGEITOK(op): 11:57pm On Feb 13, 2016
Other than:

1. missing my way inside of Lokoja and

2. the left tie-rod end giving up about 30 miles (48.2Km) into Calabar around 5.05pm and needing to be replaced, causing me to spend almost an hour to fix it and then leaving that spot around 5.55pm

3. being stopped by Police and delayed for almost an hour somewhere in Ebonyi, the journey to Calabar was smooth.

In another post, I will detail the Police stop
Car Talk › Re: Audi B5 420-R: The Build. by FEGEITOK: 11:41pm On Feb 13, 2016
Siena:
[color=Blue]There hasn't been much happening with B5 420-R.

I am waiting for my Milltek downpipes to be delivered. They are decats, but my car will need cats to pass emissions. I do have a friendly tester who will look the other way, but it's worth having a pair of cats anyway. I will most likely purchase a pair of Magnaflow 200 cell HFC's, and stainless V-band kits.

Then cut out a similar length section from each downpipe. The cut sections will be V-banded, so will the HFC's making swapping between cats and cecats easy.

These are what I ended up pulling the trigger on:

https://i768.photobucket.com/albums/xx329/NaijaGuy/S8-Powered%20Audi%20A4%20Touring%20Car/image_zps4nyf09r5.jpeg[/color]
Siena could you explain why our panelbeaters are unable to get the sort of perfect welds when fixing exhausts like comes from factory or as the aftermarket products you bought have?

What is the way out other than buying the entire exhaust system anew? which is quite an expense?
Car Talk › Re: Audi B5 420-R: The Build. by FEGEITOK: 11:30pm On Feb 13, 2016
Siena:
Update: 29th November, 2015.

[color=Blue]I finally mated my 40V BFM motor to my 01E 6-speed.

I would have thrown both into the engine bay, but I need to replace the power steering high pressure line (PAS rack to vane pump) first. It can be done with the engine and transmission bolted into the car, it just involves more effort, cursing and losing some skin.

I also need to obtain an adapter to mate my facelift clutch slave cylinder line to my steel RS4 slave. As I had previously fitted this transmission and slave cylinder to my 1996 A4 B5 V8, I've long tossed the adapter. One of the reasons every bit of car always comes in useful, and should never be junked, unless you've got loads of them.[/color]

https://i768.photobucket.com/albums/xx329/NaijaGuy/S8-Powered%20Audi%20A4%20Touring%20Car/image_zpso9tmsxz4.jpeg

I can notice a Bosch S5 battery of at least 100Ah? Am I right?

https://i768.photobucket.com/albums/xx329/NaijaGuy/S8-Powered%20Audi%20A4%20Touring%20Car/image_zpsswqgbqkg.jpeg

https://i768.photobucket.com/albums/xx329/NaijaGuy/S8-Powered%20Audi%20A4%20Touring%20Car/image_zps26vvezjk.jpeg

https://i768.photobucket.com/albums/xx329/NaijaGuy/S8-Powered%20Audi%20A4%20Touring%20Car/image_zpswoqq1mc8.jpeg

https://i768.photobucket.com/albums/xx329/NaijaGuy/S8-Powered%20Audi%20A4%20Touring%20Car/image_zpsifvcuu9f.jpeg

https://i768.photobucket.com/albums/xx329/NaijaGuy/S8-Powered%20Audi%20A4%20Touring%20Car/image_zpsuwfhw2pt.jpeg
Car Talk › Re: Abuja-Calabar (8/2/16) and Calabar-Abuja(10/2/16) Trip Diary by FEGEITOK(op):
For anyone traveling Abuja and Lokoja, it is important to take note that as soon as you reach the very first military checkpoint on that road, that is a signal that speeds should be reduced and extra care should be taken in driving because of the sheer number of potholes and well as the spread of the potholes over the road surface.

There is another reason why extreme care should be taken, the road surface though tarred is extremely uneven.

It is extremely important that extra care be taken while commuting that section of the road in the rainy season.

I stumbled upon a trailer that must have ignored the need to slow down due to the above stated reasons and it tumbled and found itself in the valley beside the road.

There is another reason why care should be taken, if you do not want to bear the expense of replacing your tires. I think it is safe to drive along this section of the route at speeds below 100km unless you know how to dance your way around potholes without getting scars.

Finally, I have in previous undocumented journeys ( I mean on nairaland) seen vehicles that apparently jumped and had side impact with the concrete road dividers, so it may also be the course of wisdom not to drive too close to the concrete road dividers and to hold the steering really tight.

I wish I had a voice activated recorder, there is so much I would have loved to share but my safety is paramount so I cannot be taking notes and driving, nor trying to make audio recordings on my phone while trying to keep 4 patches of rubber firmly planted on the road.

I think I need to equip my vehicle with at least 4 cameras, one facing front, one facing rear and two to cover the left and right side.

Any ideas on such a rig that can record continuously for 12 hours as well as GPS/time-stamp the video, since I want to be able to review my journeys in the hopes of improving both skill and technique and correcting any errors I might have made in future drives?
Car Talk › Re: Abuja-Calabar (8/2/16) and Calabar-Abuja(10/2/16) Trip Diary by FEGEITOK(op):
Starting Odometer Reading:
180876mi @0712

Stopped to top-up 188877 at Forte Oil Opposite Mr. Biggs Jabi, and left finally set out @0715

Filled up the tank with 59.75 Litres (15.78 Gallons) at the cost N5,169.00

Missed my way inside Kogi and found myself on the Lokoja-Benin Expressway and then retraced my steps once I noticed the mistake, because am supposed to have found myself in Ajaokuta heading towards Enugu and not facing Okene/Benin!

I was in Lokoja 2 hours later

Stopped to refill at one of the Total Petrol stations within Lokoja this time around after covering a total of 147 miles (236.6km)

The odometer reading was 181024, this time around I bought 41.96 Litres (11.1 Gallons) at the cost of N3,629.50, As well as Total Injector Cleaner for N580.00.

So it seems that I used 41.96 Litres (11.1 Gallons) or N3,629.50 to cover 147 miles (236.6km).

I once more stopped to refill at the NNPC Mega Station opposite one school (whose name I cannot recall) along the Enugu Expressway.

At that time the odometer reading was 181198 which meant that I have covered an additional 174 miles, this time around I bought 53.76 Litres (14.2 Gallons) at the cost of N4,650.00

So it seems that I used 53.76 Litres (14.2 Gallons) or N4,650.00 to cover 147 miles (236.6km).

I never refueled until I got to Calabar and I have a little over 1/4 tank of fuel left.

So I used about 49 Litres (12.0 Gallons) or N4,238.5 to cover the remaining 143 miles (230.1km)

When I arrived Calabar, my odometer read 181350 and the time was 7.20pm

if you subtract 180876 from 181350, you will get 474 miles or 762.8km, but then I missed my way and added about 10 miles to the journey, so it seems to me the more accurate thing to say would be that the distance between Abuja and Calabar using the route I choose is 464miles or 476.7km

Car Talk › Re: Abuja-Calabar (8/2/16) and Calabar-Abuja(10/2/16) Trip Diary by FEGEITOK(op): 9:29pm On Feb 13, 2016
But I carried two extra notes with alternative routes just in case as detailed below.

You know what can happen, a sudden riot or fracas or a trailer falls and blocks a road and that route can no longer be used.

Alternative route #1

Abuja - Lokoja 206km (128mi) Note: Refill tank here
Lokoja - Ajaokuta 56km (34.7mi)
Ajaokuta - Enugu/9th Mile 199km (123.7mi) via Ayangba Note: Refill tank here
215km (133.6mi) via Ayangba/Enugu Otukpo Road Note: Refill tank here
264km (164mi) via Enugu-Onitsha Exp Way Note: Refill tank here

9th Mile - Umuahia 129km (80mi)Note: Refill tank here
Umuahia - Ikot Ekpene 55.5km (34.5mi)
Ikot Ekpene - Odukpani 83.7km (52 mi)
Odukpani - Calabar 28.3km (17.6mi) Note: Refill tank here

Total distance:
via Ayangba 757.5km (470.7mi)
via Ayangba/Enugu Otukpo 773.5km (480.6mi)
via Enugu-Onitsha Exp Way 822.5km (511.1mi)


Alternative route #2

Abuja - Lokoja 206km (128mi) Note: Refill tank here
Lokoja - Ajaokuta 56km (34.7mi)
Ajaokuta - Enugu/9th Mile 199km (123.7mi) via Ayangba Note: Refill tank here
215km (133.6mi) via Ayangba/Enugu Otukpo Road Note: Refill tank here
264km (164mi) via Enugu-Onitsha Exp Way Note: Refill tank here

Enugu - Okigwe 86.4km (53.7mi)
Okigwe - Afikpo 97.3km (60.5mi)
Afikpo - Amasiri 11.8km (7.3mi)
Amasiri - Abba Omega 21.6km (13.4mi)
Abba Omega - Itigidi 15.8km (9.8mi)
Itigidi - Ugep 14.8km (9.2mi)
Ugep - Calabar 120km (74.6mi) Note: Refill tank here

Total distance:
via Ayangba 828.7km (514.9mi)
via Ayangba/Enugu Otukpo 844.7km (524.9mi)
via Enugu-Onitsha Exp Way 893.7km (555.32mi)
Car Talk › Re: Abuja-Calabar (8/2/16) and Calabar-Abuja(10/2/16) Trip Diary by FEGEITOK(op): 8:23pm On Feb 13, 2016
i had decided to follow the following route:

Abuja - Lokoja 206km (128mi) Note: Refill tank here
Lokoja - Ajaokuta 56km (34.7mi)
Ajaokuta - Enugu 198km (123mi) Note: Refill tank here
Enugu - Abakaliki 79km (49.1mi)
Abakaliki - Abba Omega 42.6km (26.51mi)
Abba Omega - Itigidi 26.6km (16.5mi)
Itigidi - Calabar 135.8km (84.4mi) Note: Refill tank here

Total Distance 744km (466.7mi)

I planned that the trip would take anywhere between 10 hours and 15 hours
Car Talk › Re: Abuja-Calabar (8/2/16) and Calabar-Abuja(10/2/16) Trip Diary by FEGEITOK(op):
The vehicle I used has the following specifications:

Length : 4,750 mm (187.0 in)
Wheelbase : 2,840 mm (111.8 in)
Width : 1,831 mm (72.1 in)
Height : 1,745 mm (68.7 in)
Curb weight : 1,659 kg (3,657 lb)

0 - 60mph in 12.1 seconds
Quarter mile in 18.6 seconds
Automatic Transmission
2.5L V6
FWD (2WD)

Depending on who you ask the fuel economy data is follows:
1. 18 city/23 highway
2. 16 city/ 21 highway/ 18 combined / 5.6 gallons per 100 miles

A full tank is 18.5 gallons and should be able to do a range of 296.0 miles city/388.5 miles highway

Am running 16" wheels and 215/60/R16 tires from Michelin

I carried 1 space tire

A Windows phone for GPS navigation and several pieces of paper with a summary of all the knowledge I gathered on this thread

Fuel economy reference data sources:
1. https://www.fueleconomy.gov/feg/noframes/16228.shtml
2. http://www.edmunds.com/mazda/mpv/2000/features-specs/

Picture credits: edmunds.com

Car Talk › Re: Abuja-Calabar (8/2/16) and Calabar-Abuja(10/2/16) Trip Diary by FEGEITOK(op): 6:49pm On Feb 13, 2016
I want to thank kingreign for being the first to respond to my enquiry.

Sadly for a couple of reasons which I shall state, I did not follow his suggestion.

My reasons are as follows:

1. The tales I have heard/experienced about the state of roads in Abia State, although the clear villian here is Aba, and Umuahia seems to a lot better

2. My interest in knowing the standard route followed by commercial transport companies which happened to coincide with the routes recommended by dokiOleye and nathanjnr

3. The need to avoid paying tolls to locals at village tollgates who victimize road users who have to avoid the main road due to its bad nature which causes even trucks to get stuck, not to talk of cars.

All the same, who knows, the curiosity in me might cause me to try that route someday again, maybe in a vehicle appropriate for the sort of roads there. Read that to mean a 4WD or AWD.

One Guinness Stout for you Kingreign!
Car Talk › Re: Abuja-Calabar (8/2/16) and Calabar-Abuja(10/2/16) Trip Diary by FEGEITOK(op): 6:32pm On Feb 13, 2016
FEGEITOK:
Finally, this journey happens on 07/02/2016 or as some people write it 02/07/2016
Due to last minute changes, this journey occurred the following day, I mean the Abuja-Calabar leg of the journey!
Car Talk › Re: Abuja-Calabar (8/2/16) and Calabar-Abuja(10/2/16) Trip Diary by FEGEITOK(op): 5:06am On Feb 11, 2016
lonelydora:
How was your journey? Which route did u finally take?
Am back.

Got stories to tell.

Will give details later. I ended up using dokoloye route to return and nathanjnr to go.

Absolutely agree not to try dokoloye route during the rains.

Let me just say thanks to them for giving me the confidence that I was at the right place at all times
Car Talk › Re: Abuja-Calabar (8/2/16) and Calabar-Abuja(10/2/16) Trip Diary by FEGEITOK(op): 12:16am On Feb 07, 2016
Finally, this journey happens on 07/02/2016 or as some people write it 02/07/2016

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