Author Topic: Car Damaged While in the Care of Garage  (Read 408 times)

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tonys

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Car Damaged While in the Care of Garage
« on: October 09, 2024, 08:35:15 pm »
Our car was in for a mechanical repair. The garage has had it for over a week before I phoned to ask what was happening. I am told that after the repair, and after their test drive, another customer hit our car while it was parked. This damaged the door, door handle and mirror. I think that makes it undrivable, with no driver's side mirror.

Currently they're expecting their body shop to come and give a quote. I'm told that the other party accepted responsibility and will either pay or pass it to his insurer.

I'm not sure on the legal side. I am assuming the accident occurred on the site, private land but regularly accessed by customers. Is there any reason why the driver would be exempt from the legal obligation to provide his details and his insurance?

I think I need to report this to my insurer, not sure whether to do so right away. Would there be any harm waiting until I know more? Or report right away, let them know that I don't expect any claim to be made on my policy.

I'm also unsure on the garage's obligations. I know businesses often try to evade any liability for this sort of thing, but in this case they've clearly moved our car around so it's not as if I'd just parked it in their car park. And the fact that they've effectively entered into negotiation with the third party must have some significance. Are they acting as my agent, or what? If they've allowed this guy to leave without getting his details and insurance details then my feeling is I might have some comeback against them.

Just now my plan is to call the garage tomorrow, get an update but also ask them for full details of the third party and their insurance.

Any thoughts on any of this?

Thanks

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andy_foster

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Re: Car Damaged While in the Care of Garage
« Reply #1 on: October 09, 2024, 08:50:53 pm »
If you have a problem, we are generally happy to advise.

However, the situation appears to being dealt with by the garage, and you appear to be looking for any potential hypothetical problem to make some noise about.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

tonys

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Re: Car Damaged While in the Care of Garage
« Reply #2 on: October 10, 2024, 10:39:07 am »
There's an element of that I guess, but this is the Flame Pit where I thought a bit of speculation and discussion might be permissible. From my point of view I don't know how it will all turn out so was hoping to be prepared.

I would be interested in opinions about how I should deal with my own insurer. Should I inform them right away, or wait till I see how it turns out?



666

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Re: Car Damaged While in the Care of Garage
« Reply #3 on: October 10, 2024, 11:01:24 am »
You're obliged to tell your insurer, and I can see nothing to be gained by delaying.

BTW you mentioned "the legal obligation to provide his details and his insurance?". There is no obligation to give insurance details unless someone is injured.

tonys

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Re: Car Damaged While in the Care of Garage
« Reply #4 on: October 10, 2024, 12:16:26 pm »
BTW you mentioned "the legal obligation to provide his details and his insurance?". There is no obligation to give insurance details unless someone is injured.
Thanks.

tonys

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Re: Car Damaged While in the Care of Garage
« Reply #5 on: October 20, 2024, 08:20:37 pm »
This is still dragging on with a delay before the body shop can get on to it. Meanwhile the garage has refused to pass on the name or any other details of the other party. Their excuse being "it's not going through insurance". My insurance was actually OK with it being reported without third party details, so long I'm not making a claim.

At the risk of breaching Andy Foster's unpublished but nevertheless iron rules of debate by raising a speculative question, where would that leave me if it doesn't go to plan? The garage's refusal to pass on the information would make impossible to claim against the third party. Would I have grounds for a claim against the garage?

Southpaw82

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Re: Car Damaged While in the Care of Garage
« Reply #6 on: October 20, 2024, 10:38:54 pm »
A claim against the garage for what? There are ways to force them to name the third party but you don’t seem to need them right now.

tonys

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Re: Car Damaged While in the Care of Garage
« Reply #7 on: October 24, 2024, 07:00:48 am »
Really just trying to see if I can get it fixed quicker, without ending up paying for the repair myself. It's been over a month now, and they're estimating that they'll be taking it to the body shop on 18th Nov so nearly another month, plus the time actually taken for the repair.

I wondered about claiming against the garage as it's their actions that are preventing me making my own arrangements. Firstly by agreeing and accepting a cash payment from "the lady" and secondly by refusing to pass on her details.

It's a new situation for me so I suppose I may be a bit impatient. The concensus here seems to be that I should just wait and accept what happens.

andy_foster

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Re: Car Damaged While in the Care of Garage
« Reply #8 on: October 24, 2024, 10:16:21 am »
I think that the consensus here is that you should start with the full story rather than drip feeding. Not just you.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

nigelbb

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Re: Car Damaged While in the Care of Garage
« Reply #9 on: October 25, 2024, 05:26:19 am »
I may be cynical but my immediate assumption was that there was no 3rd-party involved & that the garage damaged the car themselves.

mickR

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Re: Car Damaged While in the Care of Garage
« Reply #10 on: October 25, 2024, 08:28:17 am »
sorry if I've missed it but have they given you a courtesy car?

tonys

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Re: Car Damaged While in the Care of Garage
« Reply #11 on: October 26, 2024, 07:15:31 am »
sorry if I've missed it but have they given you a courtesy car?
Yes, I got a loan car when ours was in for the original mechanical work.

mickR

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Re: Car Damaged While in the Care of Garage
« Reply #12 on: October 26, 2024, 07:49:46 am »
so you're not without a car, is it of a similar class ie not given you a Fiat 500 in place of your Range Rover or estate that is a necessity?

tonys

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Re: Car Damaged While in the Care of Garage
« Reply #13 on: October 26, 2024, 08:21:44 am »
I think that the consensus here is that you should start with the full story rather than drip feeding. Not just you.
I'm probably guilty of that when dealing with the garage as well. With hindsight I should have pressed for third party details right from the start, rather than letting them get on with it. And should have pressed harder for timescales and details.

Sequence was ..
25 Sep in for mechanical work
07 Oct called for update, told about damage, awaiting bodyshop quote, girl said the manager had third party details in case I needed them.
08 Oct no update, still waiting bodyshop
10 Oct told repair organised, parts expected shortly
18 Oct update, bodyshop can't book car in until 18th Nov, garage wants me to return loan car, collect our car and bring it back on the 18th (garage had fitted mirror to make it driveable)

It was only after that call, when I started looking at whether I could get it done quicker, that I was made aware that "the lady" had already paid.

The outcome of the last call was that I hang onto the loan car and they keep ours until it can be fixed. It seems to me that accepting the car back would guarantee the repair wouldn't start until 18th Nov, and once it was off the garage's hands the date might continue to slip further.

I should mention that this is an old Ford Focus that we don't specially care about, although I wouldn't want to be driving it around with a dented door even if road legal. If it had been my other half's Landrover we'd have both been all over it from the start, inspecting the damage, demanding it be done by approved repairer etc.

tonys

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Re: Car Damaged While in the Care of Garage
« Reply #14 on: October 26, 2024, 08:29:31 am »
so you're not without a car, is it of a similar class ie not given you a Fiat 500 in place of your Range Rover or estate that is a necessity?
Functionally similar. It's a Hyundai somthing, very much smaller than say a Fiesta. So a partial replacement that can't be used for some journeys that we would have made in the Focus.