Garage destroyed car!

Author
Discussion

ShadownINja

76,423 posts

283 months

Thursday 6th January 2011
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Because I don't trust many people... have you seen the car? Is it a write-off? Or has another customer expressed an interest in it and offered £1k?

OlberJ

14,101 posts

234 months

Thursday 6th January 2011
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redgriff500 said:
look on Ebay for 6 months and have to drive to Scotland.
Have you seen the price of cars up here?

redgriff500

26,920 posts

264 months

Thursday 6th January 2011
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R1 Loon said:
redgriff500 said:
s3fella said:
Why not just tell them to get you an exact same car, same colour, spec, miles and condition, (wihtout the repair needed however!!)

They are a garage, abd they sell cars. If they can get one for £500, you've lost nowt. If it costs them £1300, you've lost nowt.

Also means you dont have to mess about trying to buy a car, travel about for it etc. You could easily spend £150 doing so!
^^^ This.

This is what I do whenever I get a stupidly low offer from insurers.

IE "Your car is worth £2k"

"OK I'll give you £10k, go and get me 5"

"We can't do that sir"

"EXACTLY"

IMO any settlement should be enough that you can walk into the nearest dealer and get a replacement. NOT that if you look on Ebay for 6 months and have to drive to Scotland.

You weren't trying to sell it to a garage so book price is irrelevant
Do you write off a lot of your cars then?
I'm the person all my mates call whenever they have car problems.

I've never had an accident (me hitting anything) I did once have 3 different idiots hit my car (which was stationary each time) within 3 months !

I've managed to get claims paid out within 7 days and have always got substantially more than was first offered.

98elise

26,693 posts

162 months

Thursday 6th January 2011
quotequote all
Quite simply they need to put you back in the situation you were in before they destroyed you car (and a bit more if they had any morals, like a free valet and service)

Personally I would tell them to replace the car with another one (as has been said before), or you just buy another one at the going rate, then sue the garage through small claims.

Its their chioice if they want to refer it to their insurers.

Alternatively tell them you got whiplash in the accident, should be good for a few k smile




LuS1fer

41,154 posts

246 months

Thursday 6th January 2011
quotequote all
Ask them to suffer the inconvenience of finding a replacement car in the same condition and mileage and you'll accept that if you agree it's suitable.
It's worth pushing as if you sued them, they'd really either need to instruct an expert or rely on Glass's guide against which you would produce x number of ads with the real retail prices and it seems likely that on the balance of probabilities it might well go your way.

I had this with an insurer once who offered me book price (£2500) on a stolen motorcycle. I sent them about 10 ads all £3000+ and said I would accept a replacement bike if they could find one. They immediately increased their offer to £3000.

It will cost them more to take the time to attend court or instruct solicitors so they are bound to compromise.

Edited by LuS1fer on Thursday 6th January 09:14

Chris_w666

22,655 posts

200 months

Thursday 6th January 2011
quotequote all
OP, I suggest your mum gets some legal advice from a specialist in insurance claims, and the car inspected by a third party engineer. The garage should be insured and shouldn't just wriggle out of it by offering a discount that wouldn't even cover the cost of replacing your mums car. As has been mentioned she has a right to be back in the situation she was in before her car was damaged (including a replacement car until any damages are settled) and as such needs to be paid at least the full retail value of her car, I would expect the garage to offer that and a substantial discount as goodwill.

R11ysf

1,936 posts

183 months

Thursday 6th January 2011
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jonnynine11 said:
Get in touch with your insurance they've got to give you Market value and I reckon a loan car due to them wrecking yours.
Don't go to your insurance as this will count as a claim or at least be noted on their system.

What you want to do is go to the garage, speak to the manager and tell him that 500 pounds is not acceptable. Then ask him for THEIR insurance details and tell him that you are going to claim against his business insurance. Watch him squirm!! His excess will be more than 500 and the increase in premium will be more. He'll increase his offer or face a much higher penalty.

Hitch78

6,107 posts

195 months

Thursday 6th January 2011
quotequote all
There is some bad advice in this thread. If you ask them to source you a car they will spend as little time and effort doing so as possible and you will end up with a nail or with a rapidly disintegrating relationship.

Tell them the (reasonable) amount you want in settlement for the car and offer them the alternative of going through their insurance. Tell them that it is non negotiable and that if you do not have the cash in hand within 24hrs you will assume that they have chosen the latter and will commence the claim process.

Do not ask for use of a car, a valet, a service a full body massage or a bunch of flowers. Keep it as straight forward as possible.

GregE240

10,857 posts

268 months

Thursday 6th January 2011
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Hitch78 said:
There is some bad advice in this thread. If you ask them to source you a car they will spend as little time and effort doing so as possible and you will end up with a nail or with a rapidly disintegrating relationship.

Tell them the (reasonable) amount you want in settlement for the car and offer them the alternative of going through their insurance. Tell them that it is non negotiable and that if you do not have the cash in hand within 24hrs you will assume that they have chosen the latter and will commence the claim process.

Do not ask for use of a car, a valet, a service a full body massage or a bunch of flowers. Keep it as straight forward as possible.
This is the most sensible advice on this thread so far.

Also, why not drop PH-er "Anniesdad" via his profile? Steve works in the insurance business, and will give you straight and honest advice.

I wish you well.

Compo_Simmonite

391 posts

188 months

Thursday 6th January 2011
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Nobody has yet mentioned Trading Standard.
Although they won't be interested in taking any action that isn't just their job. They will still give advice on what you are entitled, your rights and best way to proceed. I'm betting they will also say "if you don't get any joy come back to us" and then would make a friendly phone call to garage informing them of what they should be doing.

Paul H

Edited by Compo_Simmonite on Thursday 6th January 09:37

JonnyFive

29,401 posts

190 months

Thursday 6th January 2011
quotequote all
How can it be a write off in a workshop? Unless a ramp fell on it or something, replacing front and rear bumpers and abit of spray work will still be cheaper than they're offering to give you.

Soovy

35,829 posts

272 months

Thursday 6th January 2011
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Vixpy1 said:
Yes, they will have insurance for this, no, they will not want to claim on it.

You are entitled to the full retail value of the car, do not accept anything less!
This.

Insist on their insurer dealing with this.

Speak to hers too. They will know what to do.



voicey

2,453 posts

188 months

Thursday 6th January 2011
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ALawson said:
Small claims court could be an option, I would tell them to repair the damage irespective of cost. Tell them you want the car returned in the same manner it was left with them. Try speaking to a solicitor.
This. Just becuase it's a write off doesn't stop you chasing them for the money to put it right. They have an obligation to put you back into the position you were in before.

squareflops

1,820 posts

184 months

Thursday 6th January 2011
quotequote all
voicey said:
ALawson said:
Small claims court could be an option, I would tell them to repair the damage irespective of cost. Tell them you want the car returned in the same manner it was left with them. Try speaking to a solicitor.
This. Just becuase it's a write off doesn't stop you chasing them for the money to put it right. They have an obligation to put you back into the position you were in before.
Voicey - your nick is one charecter away from the spelling of my surname.

Bit OT I know but hopefully the OP will find it useful

hornetrider

63,161 posts

206 months

Thursday 6th January 2011
quotequote all
Soovy said:
Vixpy1 said:
Yes, they will have insurance for this, no, they will not want to claim on it.

You are entitled to the full retail value of the car, do not accept anything less!
This.

Insist on their insurer dealing with this.

Speak to hers too. They will know what to do.
They certainly will - stick her premium up next year. She is now a statistic.

Deva Link

26,934 posts

246 months

Thursday 6th January 2011
quotequote all
hornetrider said:
Soovy said:
Vixpy1 said:
Yes, they will have insurance for this, no, they will not want to claim on it.

You are entitled to the full retail value of the car, do not accept anything less!
This.

Insist on their insurer dealing with this.

Speak to hers too. They will know what to do.
They certainly will - stick her premium up next year. She is now a statistic.
She would be on dodgy ground not reporting it at insurance renewal whatever the circumstances - "any claims, accidents or incidents in the last 12 months?". You're also duty bound to disclose *anything* that could possibly be relevant.

I wouldn't have thought the tack of involving either insurance company was a good one though - both will be guided by book prices and it's going to be a lot easier to argue with, or take legal action against, the garage owner than a faceless insurance company.

pincher

8,591 posts

218 months

Thursday 6th January 2011
quotequote all
So it is a write-off 'in their opinion'? Ask to see the car and then tell them that you don't agree and that you want your car repaired to a professional standard, irrespective of cost (to them).

Either that, or they pay you what you think it is reasonably worth (£1300 seems to be the rough guide on here).

Then tell them that they have 24 hours to make a decision one way or the other, otherwise it will be going through their insurance.

ALawson

7,816 posts

252 months

Thursday 6th January 2011
quotequote all
To deal with the issue of not telling her insurance just get the garage to purchase the car of her for a nominal £1, while replacing the car.

This way the insurance never need to know it was damaged in her ownership.


Soovy

35,829 posts

272 months

Thursday 6th January 2011
quotequote all
ALawson said:
To deal with the issue of not telling her insurance just get the garage to purchase the car of her for a nominal £1, while replacing the car.

This way the insurance never need to know it was damaged in her ownership.
rofl

Worst advice ever.


Here's what she should do.

1. Tell her insurers what has happened.
2. Sit back and relax while they sort it


End of story.

Chris_w666

22,655 posts

200 months

Thursday 6th January 2011
quotequote all
Soovy said:
ALawson said:
To deal with the issue of not telling her insurance just get the garage to purchase the car of her for a nominal £1, while replacing the car.

This way the insurance never need to know it was damaged in her ownership.
rofl

Worst advice ever.


Here's what she should do.

1. Tell her insurers what has happened.
2. Sit back and relax while they sort it


End of story.
There is no way on earth I would want to deal with the garage after their first offer (which seems insulting after their screw up). Assuming legal costs are covered by the insurance policy then it seems a no brainer to make them recover your losses.