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Author: Subject: A Garage have crashed my tin top!
eddie99

posted on 21/7/11 at 05:56 PM Reply With Quote
A Garage have crashed my tin top!

Ok, what a poo day!

Some people might know more here about insurers stuff!

My audi s3 had its clutch done the last few days at a Clutch/Gearbox and Engine place in Colchester, I've had a whole fuss because apparently they quoted for an a3 and blah blah blah, twice as much work. Anyway it ended up that i wasn't paying any more and that i would just have to wait, This afternoon they rung me telling me that the mechanic has crashed it/ gone into the back of a car....

Anyway They have sent me there certificate of insurance so at least i have something, and they are going to drop the car off tomorrow, then have someone collect it and apparently i have to deal straight with their insurers.

I thought that i would be dealing with the garage, who then deal with insurers?

Oh and i wont be getting a courtesy car because im under 25 apparently Do i hire a car and then claim on the insurance the cost?

Will i be able to say that i want the repair work done at Audi or Listers, not a backstreet place or is this unreasonable?

I admit its probably best that i wait for the call from insurers and see how much damage, apparently it looks worst than it is but is repairable.

I asked how this happened, apparently the mechanic coming out of a roundabout went into the back of someone!! Sounds like driving like a tit!

Anyway, Rant over, extremely angry as i have IVA on wednesday and need a tow car for that? Can i ask for a tow hire car, or courtesy car with a towbar? or do i claim what i lost to IVA etc..? etc??

Ed

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PSpirine

posted on 21/7/11 at 06:05 PM Reply With Quote
Do you have legal cover through your car/home insurance or bank? If yes, might be worth giving them a ring to get an idea of where you stand re claiming things and courtesy cars etc.

I'd also be tempted to make sure that the police are aware of the accident - may shine a bit of light onto what actually happened!


But.. I'm not a lawyer, so these are just my thoughts.

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samjc

posted on 21/7/11 at 06:06 PM Reply With Quote
Id phone you insurance and enqire with them and make sure the convosation is recorded and you get names as theyll try to swindel you well some places do and as for the curyesy car a freind of mine had one for 6months before getting his motor back n he was 18, id go through the legal jargen with your insurera and your policy book to find out what your entiteled too
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Macbeast

posted on 21/7/11 at 06:13 PM Reply With Quote
Bummer

Same thing happened to me years ago and somehow the garage managed to put the repairs onto MY insurance so I lost no-claims bonus etc.

Anyway if you're really stuck for a tow on Wednesday I could come over and do it for you ( assuming you have a trailer Let me know.

Edit to add

Where TF is North Weald ? Don't forget you can cancel and rebook IVA with 3 working days' notice with no loss of money.




[Edited on 21/7/11 by Macbeast]





I'm addicted to brake fluid, but I can stop anytime.

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MikeRJ

posted on 21/7/11 at 06:32 PM Reply With Quote
Speak to their insurers and explain the situation. If they don't want to play ball them, as much as I hate them, I'd suggest talking to a claims management company and see what they see.
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Confused but excited.

posted on 21/7/11 at 06:40 PM Reply With Quote
As your car was in their posession as a result of a business contract between you and the garage, they should have 'a duty of care' and be responsible for your car until it is returned to you.
Worth a chat with Trading Standars Consumer Direct.





Tell them about the bent treacle edges!

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norfolkluego

posted on 21/7/11 at 06:45 PM Reply With Quote
Get in touch with your insurers straight away, if they're one of the big ones their phones will still be on. Make sure you make them understand that it was in the care of the garage when it happened.
Although it's 'no claim' rather than 'no fault' discount, in these sort of circumstances they should fight your corner and possibly claim against the garage, with a bit of luck you might hang on to your NCD.

Get straight on it chap.

Just read your post again, as they were driving it on a public road they would have had to have been driving it on their own insurance, puts you in a much stronger position.




[Edited on 21/7/11 by norfolkluego]

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Ninehigh

posted on 21/7/11 at 06:53 PM Reply With Quote
Surely as far as you (and consequently your insurers) are concerned the accident was the fault of the mechanic driving it?






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norfolkluego

posted on 21/7/11 at 06:58 PM Reply With Quote
quote:
Originally posted by Macbeast


Where TF is North Weald ?



[Edited on 21/7/11 by Macbeast]


Come up the M11 off the M25 for a couple of miles and it's on your right as you head North.
Was a famous Battle of Britain fighter station (still got a Spitfire at the entrance) and still is a working airfield but also used for lots of trackdays and MSA sprints

Edit. As you were, I think it's a Hurricane



Luegojunior at North Weald wrecking my suspension

[Edited on 21/7/11 by norfolkluego]

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spiderman01980

posted on 21/7/11 at 07:17 PM Reply With Quote
So they gave you a price for an A3 done the work then after told you that you need to pay more cos its an S3 and it was more work, instead of calling you to say that they made a mistake and if you`d like them to carry on. And why was the mechanic driving the car a few days after they done the work, using it as a courtesy car. becarefull that there insurance refuse to pay as it sounds like they was just using it to go shop and back and not test driving it to find a fault and then your insurance will have to end up paying for the other cars dammage.

[Edited on 21-7-11 by spiderman01980]

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eddie99

posted on 21/7/11 at 07:21 PM Reply With Quote
No sorry
We had an discussion yesterday and I told them to either sort it or put it back as it was, they chose to do it for no extra cost, this afternoon they told me it was nearly done, just going back together so I could pick it up tonight If wanted
And apparently he was testing to see the clutch, but surely this would have been checked driving around the car park!!

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spiderman01980

posted on 21/7/11 at 07:30 PM Reply With Quote
give there insurance a call and see what they say, but then they need the driver to fill in the papers with there licence details and what happened at the accident so i dont understand why they said you have to sort it out.
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MikeRJ

posted on 21/7/11 at 07:36 PM Reply With Quote
Personally I wouldn't deal with my own insurance for a third party liability; I made that mistake once and won't do it again. Your own insurers can get the car fixed and then claim back from the other insurers, but prior to this claim being processed you have effectively made a claim against your own insurance so you will lose NCB during this period. If things drag out (as they did with mine) and you get a renewal during this period, you have a claim on your record and you will get stung. Got it all resolved but took over a year to get my money back.
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eddie99

posted on 21/7/11 at 07:41 PM Reply With Quote
Yep don't really want to bring my insurers into it incase it goes on our record etc.. Renewal is up in 3-4 weeks so needs to either be kept away from insurers or dealt with quickly, Although i have a feeling if the car he hit into, goes to his insurance with my numberplate, it will get back to my insurers quickly!
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Brook_lands

posted on 21/7/11 at 07:43 PM Reply With Quote
You have the right for your situation to be restored to how it was before the car was damaged (not enhanced) and make good any loss you have suffered as a result. Your insurance company should sort it out for you but they might not. As this involves a business, although it could be a long haul, you can take them to court to recover any loss. If they don't pay a court order then you can send in the Bailiffs as they will have assets worth seizing. Probably won't come to that. I'm sure you are full of emotion at the moment but these things take time and you have to keep a cool head and keep focused on the long game. Keep all documentation, note down all conversations and interactions with anyone. Make notes of who, what date and time and what was said and agreed.
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spiderman01980

posted on 21/7/11 at 07:46 PM Reply With Quote
you can try citizens advice bureau and see what they say, i went to them when i went bankrupt and was very helpfull.
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Macbeast

posted on 21/7/11 at 07:53 PM Reply With Quote
Thanks NorfolkL - closer than I thought then





I'm addicted to brake fluid, but I can stop anytime.

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stevebubs

posted on 21/7/11 at 07:58 PM Reply With Quote
My first call would be to a lawyer familiar with vehicular law...I would recommend BenB's brother...
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stevebubs

posted on 21/7/11 at 08:00 PM Reply With Quote
PS My initial thought would be, as a minimum The Garage are Liable for ANY reasonable costs you incur due to not having your vehicle available to them...this would include a hire car of similar specification to your own.

Hate to say it but this is one of the times it may be worth chasing one of the ambulance chasing outfits...

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stevebubs

posted on 21/7/11 at 08:02 PM Reply With Quote
quote:
Originally posted by spiderman01980
give there insurance a call and see what they say, but then they need the driver to fill in the papers with there licence details and what happened at the accident so i dont understand why they said you have to sort it out.


That would be easy from my perspective...I handed the keys over and when it came back it had a fecking great dent in the front...

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Simon

posted on 21/7/11 at 08:16 PM Reply With Quote
Get your insurers to deal with it, the tech term is subjugation where thay handle it on your behalf, or at least help ensure any remedial work done to your satifaction. Also make clear to garage you have informed your insurers who will be looking after the incident on your behalf, and that the gararge will be responsible for any increased premiums over subsequent years As far as you are concerned the ding is nothing to do with you, so as others have said, make sure your insurer is clear on this, and get them to email/write to confirm.

ATB

Simon

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morcus

posted on 22/7/11 at 01:23 AM Reply With Quote
My Mum had a simillar problem a couple of years ago. someone crashed into her car on the drive way (We're still completely unaware as to how or who) so it went to the Merc dealer for repairs (It was a Chrysler and at the time they owned Chrysler and were the only local place that could fix it, and this was on insurance). They went to the dealer later to find out what was taking so long where they found the car had been parked on a narrow bit next the building that led to the back area and while they were there they actually witnessed the dealers delivery driver squeeze a van through the gap between the car and the building and in the process pulling off the mirror, denting the door and putting scratches all the way down it. After alot of complaining I believe the owner agreed to pay for all the repairs, including the ones it originally went in for.

I would expect them to sort it out, If you suspect they might have been using the car rather than testing it I would go to the police as that would be taking without consent, and as far as insurance is concerned theft. As other have said, it might be worth getting legal advice.

Who has said you can't have a courtesy car? The garage themselves or an insurance company?





In a White Room, With Black Curtains, By the Station.

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Paul TigerB6

posted on 22/7/11 at 06:03 AM Reply With Quote
quote:
Originally posted by Confused but excited.
As your car was in their posession as a result of a business contract between you and the garage, they should have 'a duty of care' and be responsible for your car until it is returned to you.
Worth a chat with Trading Standars Consumer Direct.


Beat me to it - definitely call Trading Standards and check out your consumer rights. I'd suggest that as they damaged it - its their responsibility to a) give it back in the same condition b) cover the cost of the hire car.

If their insurer wont pay for the hire car, then they should cover it themselves. I'd refuse to accept the car back though - just in case they then deny responsibility. Also check with the police to find out if they have reported the accident.

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MikeRJ

posted on 22/7/11 at 08:34 AM Reply With Quote
quote:
Originally posted by Simon
and that the gararge will be responsible for any increased premiums over subsequent years A


That's not going to fly - premiums tend to go up every year whether you've made a claim or not. You have to get a breakdown of your premium every year for the next 5 years to see what percentage of it was due to a third party claim and I don't know of any insurance company that does that.

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Ninehigh

posted on 22/7/11 at 03:47 PM Reply With Quote
quote:
Originally posted by MikeRJ
quote:
Originally posted by Simon
and that the gararge will be responsible for any increased premiums over subsequent years A


That's not going to fly - premiums tend to go up every year whether you've made a claim or not. You have to get a breakdown of your premium every year for the next 5 years to see what percentage of it was due to a third party claim and I don't know of any insurance company that does that.


That's because they just stick your details in a random number generator, but that's a different complaint.

I don't think anyone's mentioned where the repairs will be done. It is highly unlikely it will be taken to a backstreet place, in worst case it would be taken to a body repair place (like Howard Basforth?)

I remember when my Peugeot went in they took it to Salford, because the Peugeot places nearer weren't approved by Direct Line






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