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#Post#: 40036--------------------------------------------------
Car Damaged While in the Care of Garage
DIR By: tonys
Date: October 9, 2024, 2:35 pm
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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
#Post#: 40039--------------------------------------------------
Re: Car Damaged While in the Care of Garage
DIR By: andy_foster
Date: October 9, 2024, 2:50 pm
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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.
#Post#: 40114--------------------------------------------------
Re: Car Damaged While in the Care of Garage
DIR By: tonys
Date: October 10, 2024, 4:39 am
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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?
#Post#: 40118--------------------------------------------------
Re: Car Damaged While in the Care of Garage
DIR By: 666
Date: October 10, 2024, 5:01 am
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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.
#Post#: 40142--------------------------------------------------
Re: Car Damaged While in the Care of Garage
DIR By: tonys
Date: October 10, 2024, 6:16 am
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--- Quote from: 666 link ---
> 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.
>
--- End Quote ---
Thanks.
#Post#: 41583--------------------------------------------------
Re: Car Damaged While in the Care of Garage
DIR By: tonys
Date: October 20, 2024, 2:20 pm
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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?
#Post#: 41599--------------------------------------------------
Re: Car Damaged While in the Care of Garage
DIR By: Southpaw82
Date: October 20, 2024, 4:38 pm
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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.
#Post#: 42116--------------------------------------------------
Re: Car Damaged While in the Care of Garage
DIR By: tonys
Date: October 24, 2024, 1:00 am
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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.
#Post#: 42122--------------------------------------------------
Re: Car Damaged While in the Care of Garage
DIR By: andy_foster
Date: October 24, 2024, 4:16 am
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I think that the consensus here is that you should start with
the full story rather than drip feeding. Not just you.
#Post#: 42235--------------------------------------------------
Re: Car Damaged While in the Care of Garage
DIR By: nigelbb
Date: October 24, 2024, 11:26 pm
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I may be cynical but my immediate assumption was that there was
no 3rd-party involved & that the garage damaged the car
themselves.
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