Garage damaged my car, claim it was already there
Discussion
Hi folks
This just happened so want to pre-empt anything...
Basically took my car to the local garage for an MoT rather than the main dealer which is 40 mins away and they put a big scratch/dint over the front wing. When I confronted them they claim it was there beforehand, which it wasn’t as where I park at my house I would notice it every day if there was something there, certainly something so obvious.
So what can I do now? I kicked off at the garage, then contacted then via email saying I would like this resolved without legal action.
How do we think this pans out from here?
Any advice greatly welcome
This just happened so want to pre-empt anything...
Basically took my car to the local garage for an MoT rather than the main dealer which is 40 mins away and they put a big scratch/dint over the front wing. When I confronted them they claim it was there beforehand, which it wasn’t as where I park at my house I would notice it every day if there was something there, certainly something so obvious.
So what can I do now? I kicked off at the garage, then contacted then via email saying I would like this resolved without legal action.
How do we think this pans out from here?
Any advice greatly welcome
Did you confront them as you picked up the car?
Did you take pictures of the damage? Does it look like fresh damage in the pictures?
Do you have recent pictures or video of the car before it went to the garage?
If it goes to court, you'll need to prove on balance of probability that they damaged the car.
Did you take pictures of the damage? Does it look like fresh damage in the pictures?
Do you have recent pictures or video of the car before it went to the garage?
If it goes to court, you'll need to prove on balance of probability that they damaged the car.
I used to be a truck dealer.
A customer was vehement that we'd failed to tighten wheel nuts on a truck. (and he honestly believed this to be true).
We were going through legal stuff when we allegedly failed with another of his trucks. We set up CCTV, and a neighbour was coming round at night and cracking off the wheel nuts.
Just to say, without 100% proof life is tricky. (and sometimes the customer is mistaken)
A customer was vehement that we'd failed to tighten wheel nuts on a truck. (and he honestly believed this to be true).
We were going through legal stuff when we allegedly failed with another of his trucks. We set up CCTV, and a neighbour was coming round at night and cracking off the wheel nuts.
Just to say, without 100% proof life is tricky. (and sometimes the customer is mistaken)
surveyor said:
Trevor555 said:
It happened to me recently.
The service manager said :-
"Even if it did happen in our car park we're still not liable. Would you go after Tescos if you're car got damaged in their car park?"
I got nowhere.
Did Tesco's decide where to park and have the keys?The service manager said :-
"Even if it did happen in our car park we're still not liable. Would you go after Tescos if you're car got damaged in their car park?"
I got nowhere.
My only option was to take legal action which I also reckoned would go nowhere without a witness that they'd done it.
Still annoyed to this day, but what can be done?
I'm all ears... as is the OP
If they are playing hardball it seems not much you can do without some good evidence.
A judge is likely to ask you to prove it could not have been done by you at all?
How much cost wise are you looking at to repair? Court action can be costly and you are starting there on their word against yours...not good odds without hard evidence.
Issuing a summons might work as they might not want it getting known they are taken to court for being untrustworthy but again, you cannot be sure.
Something at the garage would have your car's paint on it if they damaged it but with the time passed and their attitude, it is likely they have cleaned things away.
And of course, to be fair to them there IS a chance you did it or it happened elsewhere without you realising.
If it is not much money involved, might be better to take it on the chin and take photographs and that next time.
A judge is likely to ask you to prove it could not have been done by you at all?
How much cost wise are you looking at to repair? Court action can be costly and you are starting there on their word against yours...not good odds without hard evidence.
Issuing a summons might work as they might not want it getting known they are taken to court for being untrustworthy but again, you cannot be sure.
Something at the garage would have your car's paint on it if they damaged it but with the time passed and their attitude, it is likely they have cleaned things away.
And of course, to be fair to them there IS a chance you did it or it happened elsewhere without you realising.
If it is not much money involved, might be better to take it on the chin and take photographs and that next time.
It 100% wasn’t there as where I park I would have noticed... I’ll get a pic later, but so frustrating as I think I’ll just have to take it on the chin.
Not had chance to get a quote yet, hopefully not too bad, but it just annoys me that I tried to use a local independent instead of the main dealer, but if supporting local business as well as not having to drive a bit (win/win) and this happens... so pissed off
Not had chance to get a quote yet, hopefully not too bad, but it just annoys me that I tried to use a local independent instead of the main dealer, but if supporting local business as well as not having to drive a bit (win/win) and this happens... so pissed off
roystinho said:
It 100% wasn’t there as where I park I would have noticed... I’ll get a pic later, but so frustrating as I think I’ll just have to take it on the chin.
Not had chance to get a quote yet, hopefully not too bad, but it just annoys me that I tried to use a local independent instead of the main dealer, but if supporting local business as well as not having to drive a bit (win/win) and this happens... so pissed off
However, there is quite a big difference between the garage damaging your car and the car being damaged by someone else between when you left it and when you picked it up.Not had chance to get a quote yet, hopefully not too bad, but it just annoys me that I tried to use a local independent instead of the main dealer, but if supporting local business as well as not having to drive a bit (win/win) and this happens... so pissed off
Camelot1971 said:
2 sMoKiN bArReLs said:
Bit late now, but I always photograph all my panels before I leave a car anywhere.
I suspect without proof you are up a gum tree.
Of course you do. I suspect without proof you are up a gum tree.
I used to work away, Monday - Thursday, I'd fly somewhere, then rent a car to get me about for the week.
The number of times they'd inspect the car when I returned it, then try and bill me for damage that was already existing, was atrocious.
i very quickly learned to take pics and spend 10 seconds walking round the car with the video camera on.
Do the same thing now if I'm leaving my car in a company's care.
2 sMoKiN bArReLs said:
I used to be a truck dealer.
A customer was vehement that we'd failed to tighten wheel nuts on a truck. (and he honestly believed this to be true).
We were going through legal stuff when we allegedly failed with another of his trucks. We set up CCTV, and a neighbour was coming round at night and cracking off the wheel nuts.
Just to say, without 100% proof life is tricky. (and sometimes the customer is mistaken)
So, unless I’ve misunderstood you filmed a neighbour coming round and loosening the wheel nuts whilst the vehicle was in your care? I would suggest that makes you 100% at faultA customer was vehement that we'd failed to tighten wheel nuts on a truck. (and he honestly believed this to be true).
We were going through legal stuff when we allegedly failed with another of his trucks. We set up CCTV, and a neighbour was coming round at night and cracking off the wheel nuts.
Just to say, without 100% proof life is tricky. (and sometimes the customer is mistaken)
martinbiz said:
2 sMoKiN bArReLs said:
I used to be a truck dealer.
A customer was vehement that we'd failed to tighten wheel nuts on a truck. (and he honestly believed this to be true).
We were going through legal stuff when we allegedly failed with another of his trucks. We set up CCTV, and a neighbour was coming round at night and cracking off the wheel nuts.
Just to say, without 100% proof life is tricky. (and sometimes the customer is mistaken)
So, unless I’ve misunderstood you filmed a neighbour coming round and loosening the wheel nuts whilst the vehicle was in your care? I would suggest that makes you 100% at faultA customer was vehement that we'd failed to tighten wheel nuts on a truck. (and he honestly believed this to be true).
We were going through legal stuff when we allegedly failed with another of his trucks. We set up CCTV, and a neighbour was coming round at night and cracking off the wheel nuts.
Just to say, without 100% proof life is tricky. (and sometimes the customer is mistaken)
thewarlock said:
Camelot1971 said:
2 sMoKiN bArReLs said:
Bit late now, but I always photograph all my panels before I leave a car anywhere.
I suspect without proof you are up a gum tree.
Of course you do. I suspect without proof you are up a gum tree.
I used to work away, Monday - Thursday, I'd fly somewhere, then rent a car to get me about for the week.
The number of times they'd inspect the car when I returned it, then try and bill me for damage that was already existing, was atrocious.
i very quickly learned to take pics and spend 10 seconds walking round the car with the video camera on.
Do the same thing now if I'm leaving my car in a company's care.
OP, do you have CCTV, or dashcam, or any photos you happened to take just before that would include the area in question? If you notice it was in a picture from the day before you dropped it off then it may help you move on.
Most blatant attempt to shirk responsibility I ever experienced was when I took a car for some minor repairs to a bumper. As I was inspecting the job I noticed tiny flecks of bright yellow paint on my red bonnet, roof and passenger side. I pointed these out to the manager who said "Hmmm, nothing to do with us. That's paint off road markings, that is."
I then pointed to the person painting the bonnet of the bright yellow BMW that just happened to be parked 10 feet away from my passenger side... the same bright yellow as the flecks. What sort of bodyshop paints a car outside, especially when there's a breeze?!
He sent someone to get some solvent and rags to clean it up but acted like he was doing me a favour. Whenever someone asks me if I know a decent bodyshop I always tell them to avoid that place.
Most blatant attempt to shirk responsibility I ever experienced was when I took a car for some minor repairs to a bumper. As I was inspecting the job I noticed tiny flecks of bright yellow paint on my red bonnet, roof and passenger side. I pointed these out to the manager who said "Hmmm, nothing to do with us. That's paint off road markings, that is."
I then pointed to the person painting the bonnet of the bright yellow BMW that just happened to be parked 10 feet away from my passenger side... the same bright yellow as the flecks. What sort of bodyshop paints a car outside, especially when there's a breeze?!
He sent someone to get some solvent and rags to clean it up but acted like he was doing me a favour. Whenever someone asks me if I know a decent bodyshop I always tell them to avoid that place.
Unless you have photos or walk around beforehand with them, not sure how you can prove. Think you have to live with it. Good reminder to us all to photo it before. I took my car in for new front tyres and then next day had it serviced by another place. When it came back it had a trolley jack handle style dent in the front wing. Both places denied it... in the end got a new wing on ebay and fitted it myself.
martinbiz said:
2 sMoKiN bArReLs said:
I used to be a truck dealer.
A customer was vehement that we'd failed to tighten wheel nuts on a truck. (and he honestly believed this to be true).
We were going through legal stuff when we allegedly failed with another of his trucks. We set up CCTV, and a neighbour was coming round at night and cracking off the wheel nuts.
Just to say, without 100% proof life is tricky. (and sometimes the customer is mistaken)
So, unless I’ve misunderstood you filmed a neighbour coming round and loosening the wheel nuts whilst the vehicle was in your care? I would suggest that makes you 100% at faultA customer was vehement that we'd failed to tighten wheel nuts on a truck. (and he honestly believed this to be true).
We were going through legal stuff when we allegedly failed with another of his trucks. We set up CCTV, and a neighbour was coming round at night and cracking off the wheel nuts.
Just to say, without 100% proof life is tricky. (and sometimes the customer is mistaken)
There was a similar-ish thread about a month ago with Breadvan basically stating unless the dealer themselves are somehow negligent (which I'm pretty sure doesn't include the actions of a t
t neighbour), then they're not liable for anything.Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff