Damaged car, claim against company?

[21TonyK]

I guess this is fairly straight forward but not 100% on the last bit.

Basically my car (new to me 2 weeks ago) was damaged by a company fitting vinyl stripes. The guy dropped a scalpel and put a 5mm chip in the paint and underlying fibreglass (its a Lotus).

The company immediately called me and invited me in explaining what had happened. They already had a guy from the local paint shop there. My approach was "accidents happen" and suggested that they investigate a chips-away style repair as anything else is major work. The guy from the paint shop assured me it would be done properly and I agreed to drop the car into the paint shop the following Monday. After 2 days I got the car back and they've made it worse, clear coat ridges everywhere, metallic mismatched etc.

I am advised that to rectify it requires a full repaint of the front of the car. Three Lotus body shops have said they need the car for 2 weeks and the repair is likely to cost between £1500-£2000. I also need a loan car for this period. As the car has only covered 5000 miles in 3 years and is limited to 5000pa by insurance. It was delivered to me by flat bed lorry as the dealer was 150 miles away. The Lotus approved repairers are even further and assuming a 400 mile round trip can I expect the same for the repair? 400 miles is 8% of my maximum annual mileage, equivalent to 960 miles for a normal family car.

I assume I am within my rights to now go to the repairer of my choice and ask for a loan car similar to that being repaired (it was bought specifically as a summer car and my winter car is now SORN!).

Any comments?

[Stevenj214]

If it's the use of your annual mileage you're worried about, couldn't you call your insurers and ask how much it would be to up it to 6000?

Or get someone you trust to drive it to take out a day insurance and drive it for you, then it won't add onto your miles?

[thinfourth]

Hmmm intresting one

which company do you claim against

[21TonyK]

thinfourth said:

Hmmm intresting one

which company do you claim against

I'm assuming the company who did the damage have professional indemnity and public liability, therefore the claim would be met by their insurers.

[NugentS]

It seems to me that any claim is against the company that did the damage and who (I assume) organised the botched repair (and thus the repair contract is between them and the repair company). I assume you did not arrange the repair yourself in which case it gets a bit more complex

Sean

[21TonyK]

Yes... the question is now am I at liberty to organise my own repair or do i have to go back to the company who caused the initial damage.

[justinp1]

21TonyK said:

Yes... the question is now am I at liberty to organise my own repair or do i have to go back to the company who caused the initial damage.

You can only take action against someone you have a contract with, legally speaking.

If they have been negligent in their paid work you are entitled to damages. Strictly speaking this is the cost of putting right, and out of pocket costs.

It is slightly harsh on the company as it sound like they have *tried* to do the right thing and get it sorted with the least hassle to you. That said, it was their choice of repairer.

This is where is may get sticky as the correct legal way forward will be to go back to the company you had a contract with and show your dissatisfaction with the repair of their bodge. That said, they may agree, which will make the process easier. I would give them the chance to organise the repair through a Lotus authorised dealer, or they may hold this against you later on shoudl it get sticky, as they may be able to get a cheaper trade price, especially if they may be ultimately funding it themselves.

If they refuse, come back to me, as you may need to do it the 'hard way'!