No, I totally agree but unfortunately these things happen. I guess it would be possible to prove negligence and ask if they perform a vehicle check before a car is handed over to a customer and try and persue it that way. It won't be easy though.
Car Damaged Due To Garage Incompetence
- Thread starter Abraxaz1
- Start date
No, I totally agree but unfortunately these things happen. I guess it would be possible to prove negligence and ask if they perform a vehicle check before a car is handed over to a customer and try and persue it that way. It won't be easy though.
tbh - I've never, or even considered checking the bonnet catch after an MOT or any car work -I'd just assume it was safe/shut properly
I'd also state just like others have said - its no different to me not checking my wheel nuts are tight after the MOT etc etc etc
I'd also state just like others have said - its no different to me not checking my wheel nuts are tight after the MOT etc etc etc
Deleted member 66701
D
Deleted member 66701
It's your responsibility to ensure the car is in a suitable condition to drive before setting off.
Likely hood of proving the garage is at fault = slim to none.
Wheels don't come off for an MOT but I do check the nuts after I had any work done that means they'll have been off (mainly because garages insist on using bloody windy guns and do them up so tight!).
Likely hood of proving the garage is at fault = slim to none.
Wheels don't come off for an MOT but I do check the nuts after I had any work done that means they'll have been off (mainly because garages insist on using bloody windy guns and do them up so tight!).
Sorry to hear this chap, but I think you might be fighting a losing battle I'm afraid.
Just for the record, I wouldn't reveal any more details otherwise the thread will inevitably be removed like the last one. And offenders may get holidays
Just for the record, I wouldn't reveal any more details otherwise the thread will inevitably be removed like the last one. And offenders may get holidays
Caporegime
Yeah, this is rubbish when it comes to garages; they have a duty of care.
The only real question is whether the legal system would find in favour on the basis of the presented facts. I strongly suspect they would, but I'll happily bow to anyone with more direct knowledge. In any case, the threat of legal action may persuade them to be less intractable.
If the damage comes to less than £5k you could go through the Small Claims Court if you want to avoid legal fees/don't have suitable insurance with legal cover.
This
I would think they would push to claim it from the garage insurance.
Caporegime
Whilst this appears to be a bit shoddy on the part of the garage, in all honesty, the OP should have done a basic walk around check prior to driving it, if nothing else to make sure the garage has not dinked the car for example whilst it was in the workshop.
Harsh as this may seem, I'd be amazed if the garage paid up.
An expensive lesson for the OP alas.
Harsh as this may seem, I'd be amazed if the garage paid up.
An expensive lesson for the OP alas.
Whilst I agree it will be difficult to get the garage to admit fault on this and pay up I actually believe the OP would stand a good chance of success in small claims court - so long as the case was worded properly. On the balance of probability it is very likely that the garage left the bonnet ajar on the vehicle, given that it had just been in for checks / work and the timescale between being driven by the owner and the incident occuring. He should really have noticed that it wasn't on the catch but having paid someone for a professional service it would be expected that they complete this adequately and provide recourse for any errors made. Of course there is no definitive proof, but that is not always needed. The OP may have very little mechanical savvy, the garage should have.
Gaining a judgement would only be the first step though, getting them to actually cough up could be another battle altogether. I would suggest the OP deal with the garage in writing today, then assuming the refusal to do anything contact your solicitor / engage home insurance for legal support and have a chat about the situation. The legal advice may well be that you are fighting a losing battle and therefore don't waste your time/money but I would suggest getting that advice from someone in the know rather than from a bunch of people on the internet with an opinion (including me).
Gaining a judgement would only be the first step though, getting them to actually cough up could be another battle altogether. I would suggest the OP deal with the garage in writing today, then assuming the refusal to do anything contact your solicitor / engage home insurance for legal support and have a chat about the situation. The legal advice may well be that you are fighting a losing battle and therefore don't waste your time/money but I would suggest getting that advice from someone in the know rather than from a bunch of people on the internet with an opinion (including me).
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Caporegime
once the roof gets caved in whats the chance of the car being written off ?
Caporegime
yes that's what i thought especially if it was attempted with genuine parts and a good spray shop.
Just asked the boss his opinion..
As long as the catch wasn't noted as having any problems and the fact you were ten mins from leaving the premises then he also thinks the garage should be liable.
If it wa the next morning he would tell you to take a running jump.
Public liability insurance would cover it and all the garage would pay would be their excess.
I think the car is highly likely to be written off too.
As long as the catch wasn't noted as having any problems and the fact you were ten mins from leaving the premises then he also thinks the garage should be liable.
If it wa the next morning he would tell you to take a running jump.
Public liability insurance would cover it and all the garage would pay would be their excess.
I think the car is highly likely to be written off too.
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Quick update:
Garage has agreed to replace windscreen but has not accepted liablity for the rest of the damage
Looks like I'm heading to the scrappies on the weekend to get a new bonnet and finding the old dent puller and filler, haven't been/used either for a while...
Garage has agreed to replace windscreen but has not accepted liablity for the rest of the damage
Looks like I'm heading to the scrappies on the weekend to get a new bonnet and finding the old dent puller and filler, haven't been/used either for a while...
Soldato
Why are they replacing the windscreen if they've done nothing wrong? Small claims court tbh.
Don
Best outcome..
Garage fixes screen for you, sources a replacement bonnet and pulls out the damage on the roof the best they can.
If it goes through insurance, probably written off..
Garage fixes screen for you, sources a replacement bonnet and pulls out the damage on the roof the best they can.
If it goes through insurance, probably written off..
Caporegime
Quick update:
Garage has agreed to replace windscreen but has not accepted liablity for the rest of the damage
Looks like I'm heading to the scrappies on the weekend to get a new bonnet and finding the old dent puller and filler, haven't been/used either for a while...
Now thats a result, in effect, they admit liability - at least thats how I see it! - much to my surprise I admit!
This seems very probable, good result all round if so, I'd hazzard a guess they may well go for it.
Nice one!
Quick update:
Garage has agreed to replace windscreen but has not accepted liablity for the rest of the damage
Agreeing to replace the windscreen is an admission of guilt. They should be repairing all the damage. Don't let them fob you off.