work done not authorised
work done not authorised
Author
Discussion

cw42

Original Poster:

976 posts

261 months

Saturday 24th February 2007
quotequote all
I've just had a bump in my car, dropped it off at a garage of my choice, been issued with a courtesy car in the meantime while I await the repairs.
I eventually get my car back, repaired, but with a few niggles (actualy one big niggle as well, but that's another story) and carry on my merry way.
I then get a call from my insurance company asking me if my prefered repairer is going to put a quote in for repair! Oh dear, seems they've gone ahead and done the repair without consent from the insurer. Where do I stand? I've got my car back, but my insurance wont pay, as they haven't agreed the repair or even seen a quote for repair yet. The garage want paying, but by who? Not me surely?

streaky

19,311 posts

279 months

Saturday 24th February 2007
quotequote all
If you acted (and instructed the garage) without your insurer's permission, you may well be liable for the cost of the repair. If the garage were aware that the insurer's permission was required (as opposed to your permission) and went ahead without that permission, it's between them and your insurer - Streaky

cw42

Original Poster:

976 posts

261 months

Saturday 24th February 2007
quotequote all
The garage went ahead and did the work without my consent, as I wasn't aware I needed to give it. They had the car for assessment and to quote for the damage, I was under the impression work went ahead because they'd been given the go-ahead from my insurance!

freedman

6,018 posts

237 months

Saturday 24th February 2007
quotequote all
Did you give the garage your insureres details?

Did you give your insurere the garages details?

What specific instructions did you give to the garage?

gently bentley

964 posts

241 months

Saturday 24th February 2007
quotequote all
Not sure about England but there is clear case law in Scotland that if the garage carry out un authorised work and then try to bill you for it and you refuse to pay and they refuse to hand the car back until the bill is settled then they are guilty of theft of the car.

The law is very clear on that.

jasandjules

72,635 posts

259 months

Saturday 24th February 2007
quotequote all
cw42 said:
They had the car for assessment and to quote for the damage, I was under the impression work went ahead because they'd been given the go-ahead from my insurance!


If you handed it to them for assessment then you are not obliged to pay for the repairs. They can either undo what they have done and let you take the car away, or let you take the car away, and hope the insurance company pay up. SO you can phone them and tell them you are collecting at x date and x time and they can either undo the repairs or speak the insurance company. Either way it isn't your problem.

GB, that would pretty much be the same position in England too.. Not clear cut, but pretty much. They may attempt to keep the car as set-off for the bill, BUT they are on a sticky wicket (not that the police would do anything in England about it).

cw42

Original Poster:

976 posts

261 months

Saturday 24th February 2007
quotequote all
I already have the car back. The repairs have already been done. I told my insurers where the car was going, I told the garage who my insurers are. They were both speaking to each other prior to me collecting the car, it just seems that the garage didn't get the go-ahead for the repair, and went ahead anyway!

freedman

6,018 posts

237 months

Saturday 24th February 2007
quotequote all
I dont understand why the garage would let you take the car after they had repaired it without payment from yourself or the insurers

jasandjules

72,635 posts

259 months

Saturday 24th February 2007
quotequote all
cw42 said:
I already have the car back. The repairs have already been done. I told my insurers where the car was going, I told the garage who my insurers are. They were both speaking to each other prior to me collecting the car, it just seems that the garage didn't get the go-ahead for the repair, and went ahead anyway!


Oh, well then it is the garage's problem all things considered. You have/had no contract with them to repair the vehicle... So let them chase the insurance company.

cw42

Original Poster:

976 posts

261 months

Sunday 25th February 2007
quotequote all
My thoughts exactly. I've not been pushy when it came to waiting for the car to be sorted, so there was no need to rush any repairs through. I was under the impression that the garage and insurers were talking with each other. Seems only the garage was talking to itself though.
I was worried that I'd be left with the bill for repairs, until the insurers cough up, but it doesn't seem as though that's the case now. Thanks for your comments.