bmw 320d engine negligence claim

[windymiller]

hey guys so amongst all the other dramas family has been going through our trusty 2005 bmw320d turbo went a few weeks back (after spending £600 getting it through mot) the guy i use for my van and the bmw (nothing precious goes to him) diagnosed turbo so i had a recon unit sent to me for him to fit, he expressed concern about not changing the oil feed pipes but everyone i spoke too including the guy who supplied me with the turbo said "can do if you want but just clean them with brake fluis or such like is what most ppl do). Turbo was swapped and on the initial test run (a few hundred yards) smoke bellowed out of exhaust and the car "dieseled" and took off and subsequently died. First guy i spoke too said "ill tell you what has happened he didnt clean the bbreather system out as invariably when the last turbo went that would fill with oil" tonight i looked at the car and got a suprise phone call from the guy who owns the industrial estate (whom i know) he told me the same that breather sytem wasnt cleaned (his background was hgv mechanic) this has hit us at the very worst of times and again we are hit with the fall out of other peoples negligence, my brother in law has kindly offered to fit a used engine for free but my question is how do i legally stand and what would be a fair compremise ? i.e i ask him to pay 50% of all parts, he is a lovely guy but business is business and negligence has put us in a pickle 

[Sparky]

I think the first thing you'd need is a professional report detailing exactly what went wrong with the engine. There could be various other causes, and there may be no negligence.

[windymiller]

got the car back (partially in bits (intercooler pipes etc)) oil top of dipstick, negligable amount of oil in pipes weve seen and inlet manifold (without taking that off) no fault codes using torque (should i be using another platform or altering settings for best results?) the engine was not seized (turned by hand) but so the car turns over (with no clanky type sounds) but wont fire up, any thoughts / advice ? it would be such a huge relief if we can get this going without an engine change 😑   

[Escape]

Could it be oil in the intercooler? Those are hard to clean and can hold a good amount of oil, especially if a turbo has failed.

What is the mechanic's stand? Has he offered a way forward to get the car back on the road?

Hope you get it sorted soon!

[windymiller]

we havent looked in there but i guess maybe thats an obvious dwell point ? (i am of limited mechy knowledge) i think the mechanic would chip in on a sensible fix but i havent gone back to him as we dont know what the fix is yet