Accident in car while driven by mechanic
Discussion
Not sure if I am posting in the correct place but would like some advice. My fathers car was involved in an accident when the mechanic was driving back from getting an MOT. The car is due to go into the Body shop where it is needed for 4 days, body shop do not have a courtesy car, the garage where the mechanic works have said their insurance does not cover a car and they have no car to lend to my father. In my opinion it should not be my father who is inconvienienced for 4 days with no car and would like to know what the correct procedure should be for him now to follow before he gets the call to take the car in to be repaired.
thnks in advance
Mark
thnks in advance
Mark
Surely it would be in their interest (i.e. customer relations) to hire a car for you in the meantime?
If not, then you've exhausted all reasonable avenues and I'd say you would be justified in getting one of these claim management-cum-car hire places involved (e.g. HelpHire etc) who can provide a car and claim the cost back from the 3rd party.
If not, then you've exhausted all reasonable avenues and I'd say you would be justified in getting one of these claim management-cum-car hire places involved (e.g. HelpHire etc) who can provide a car and claim the cost back from the 3rd party.
2 Smokin Barrels said:
Hmm, have you tried calling Accident Exchange? Tell them the details, they are usually able to provide a car and then claim it off the other parties (in this case, garage's) insurance.
I wouldn't have thought that this would be the case in this instance.
Why not? The garage is insured, the accident is not the vehicle owners fault. There are costs that can be recovered by AE?
Jared_m said:
Hmm, have you tried calling Accident Exchange? Tell them the details, they are usually able to provide a car and then claim it off the other parties (in this case, garage's) insurance.
I wouldn't have thought that this would be the case in this instance.
Why not? The garage is insured, the accident is not the vehicle owners fault. There are costs that can be recovered by AE?
Dunno really. Something's nagging me about the at fault claim being in the same vehicle. 2 Smokin Barrels said:
Hmm, have you tried calling Accident Exchange? Tell them the details, they are usually able to provide a car and then claim it off the other parties (in this case, garage's) insurance.
I wouldn't have thought that this would be the case in this instance.
Why not? The garage is insured, the accident is not the vehicle owners fault. There are costs that can be recovered by AE?
Hmm, I'm no expert so we'll have to see what happens. In my mind it should be okay because insurance is on the driver, not the vehicle. If the insured driver was not at fault then AE can claim their costs from another insurance co and they'll be happy.
Jared_m said:
Hmm, I'm no expert so we'll have to see what happens. In my mind it should be okay because insurance is on the driver, not the vehicle. If the insured driver was not at fault then AE can claim their costs from another insurance co and they'll be happy.
In any event, your suggestion would give the garage a wake up call.
I would think that they would cack their pants if you said that you were going to make a claim against their insurance. I bet their excess is something like 2 or 3k. So, they want to repair it as cheaply as possible at their own facility and not assist with a courtesy car??!! Sounds a bit wrong to me. I'd also question the quality of their repair if they appear to be cutting corners like this.
Scott
Scott
purpleheadedcerb said:
I would think that they would cack their pants if you said that you were going to make a claim against their insurance. I bet their excess is something like 2 or 3k. So, they want to repair it as cheaply as possible at their own facility and not assist with a courtesy car??!! Sounds a bit wrong to me. I'd also question the quality of their repair if they appear to be cutting corners like this.
Scott
The only time an excess has to be paid is when a policyholder is making a claim against their own policy. If someone else claims against the garages insurance they don't have to pay an excess.
essexwedge said:
Not sure if I am posting in the correct place but would like some advice. My fathers car was involved in an accident when the mechanic was driving back from getting an MOT. The car is due to go into the Body shop where it is needed for 4 days, body shop do not have a courtesy car, the garage where the mechanic works have said their insurance does not cover a car and they have no car to lend to my father. In my opinion it should not be my father who is inconvienienced for 4 days with no car and would like to know what the correct procedure should be for him now to follow before he gets the call to take the car in to be repaired.
thnks in advance
Mark
Sound to me like ist not going through insurance at all. Has your papa agreed not to notify his ]/i] insurers und allowed garaage to simply fix his car?
He should really notify his insurers which mean garage's insurers have to be involved und all costs are then sorted by insurers - und as the innocent party - he should not be inconvenienced at all und should be compensated for this inconvenience as this ist fairness.
Ist odd one as could be third party insured when mechanic drives it on either party's insurance. Your Papa need to check his own policy small print und talk to his insurers. Could be third party in both instances...check fine prints.
If the car hit another car - then surely insurance ist already involved with the other third party involved. Your papa should check out all information involving his vehicle und also be very firm that as person not involved in any accident, he ist entitled not to be inconvenienced und if they cannot provide a car - then perhaps they pay for all taxi fares und offer some kind of compensation.
Personally - would withdraw custom from garage und be acid enough to tell all pals to boycott as well if get no satisfaction on this one.
Garage mechanics have been known to tremble when I query my bills in the past
Thanks everybody should get to know more today as the bodyshop have asked for the car on monday so armed with what you have suggested should be able to get an answer.
Just to clear up some questions that have been asked the work is being done by a different garage and is definately going through insurance as the assesor has been out.
Annies dad will pm you if he does not get the answer he is looking for today thank you.
Just to clear up some questions that have been asked the work is being done by a different garage and is definately going through insurance as the assesor has been out.
Annies dad will pm you if he does not get the answer he is looking for today thank you.
MR2Mike said:
I would think that they would cack their pants if you said that you were going to make a claim against their insurance. I bet their excess is something like 2 or 3k. So, they want to repair it as cheaply as possible at their own facility and not assist with a courtesy car??!! Sounds a bit wrong to me. I'd also question the quality of their repair if they appear to be cutting corners like this.
Scott
The only time an excess has to be paid is when a policyholder is making a claim against their own policy. If someone else claims against the garages insurance they don't have to pay an excess.
Unless it's an "All sections excess"
There is another viewpoint and possible way forward.
Everyone has jumped in the insurance and excess method, but really it is more simple.
The garage has a duty of care implied in your contract with them to do the work on your car and not to damage it. I am guessing that they damaged the car whilst performing an MOT test, thus it legally does not matter whether the damage occurred whilst they were driving it, or it they for example dropped a spanner damaging the paintwork.
They, and they alone are responsible for covering the cost of returning your car to the original state. Whether they have adequate insurance, or even insurance at all does not matter to the principle whatsoever. If their insurance covers some of their loss then that is not your concern whatsoever.
Dont let them fob you off by throwing a smokescreen of insurances and excesses and liability over the relatively simple concept.
Everyone has jumped in the insurance and excess method, but really it is more simple.
The garage has a duty of care implied in your contract with them to do the work on your car and not to damage it. I am guessing that they damaged the car whilst performing an MOT test, thus it legally does not matter whether the damage occurred whilst they were driving it, or it they for example dropped a spanner damaging the paintwork.
They, and they alone are responsible for covering the cost of returning your car to the original state. Whether they have adequate insurance, or even insurance at all does not matter to the principle whatsoever. If their insurance covers some of their loss then that is not your concern whatsoever.
Dont let them fob you off by throwing a smokescreen of insurances and excesses and liability over the relatively simple concept.
justinp1 said:
There is another viewpoint and possible way forward.
Everyone has jumped in the insurance and excess method, but really it is more simple.
The garage has a duty of care implied in your contract with them to do the work on your car and not to damage it. I am guessing that they damaged the car whilst performing an MOT test, thus it legally does not matter whether the damage occurred whilst they were driving it, or it they for example dropped a spanner damaging the paintwork.
They, and they alone are responsible for covering the cost of returning your car to the original state. Whether they have adequate insurance, or even insurance at all does not matter to the principle whatsoever. If their insurance covers some of their loss then that is not your concern whatsoever.
Dont let them fob you off by throwing a smokescreen of insurances and excesses and liability over the relatively simple concept.
Twas what was said earlier
essexwedge said:
Thanks everybody should get to know more today as the bodyshop have asked for the car on monday so armed with what you have suggested should be able to get an answer.
Just to clear up some questions that have been asked the work is being done by a different garage and is definately going through insurance as the assesor has been out.
Annies dad will pm you if he does not get the answer he is looking for today thank you.
Oh well, if that's the case then the only point is regarding the courtesy car or lack of it.
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff