Damage to driveway. Car dealer admitted fault. What to do?
Discussion
Hi - thanks in advance for any help you can provide.
Last May (yes 10 months ago!), we had a new car. We woke up the following morning and engine fluid had been leaking onto the tarmac driveway overnight. After several discussions with the dealer and having a professional pressure wash, it still didn't move the stain on the drive and in fact the tarmac has started to break up on the surface. The manufacturer admitted fault (some guy didn't plug a hose in properly and that came attached). We are now in a process of trying to claim compensation to have our drive fixed.
We have been offered an amount to "overlay" the drive in new tarmac. However, there have been several issues with this:
1. The amount offered excludes VAT which they are claiming is to cover "wear & tear". We argued against this as ultimately getting this returned to its original condition (i.e. no stain) will involve us paying the VAT and therefore if we don't get this back, we are out of pocket. They said:
"....any settlement made follows the principle of indemnity as set out by the Courts so we have to take on board prior depreciation wear and tear and life span of items damaged. Your driveway is 10 plus years old and a deduction of 16.6% being the VAT element on the budget price we have is not unreasonable. This gives the driveway and overall life span of 60 plus years."
Sounds rubbish to us but do they have grounds?
2. We understand (although waiting on some local drive people to confirm or deny this) that overlaying will increase the height of the driveway potentially causing issues with drainage and the tarmac not matching up with some existing blockwork that edges the tarmac. We therefore think that this "overlay" approach is therefore not returning the driveway back to the same situation before we had the stain. However, are we being too fussy here?
The cost of the overlay (excluding VAT) is approx 50% that it would cost to have the tarmac layer removed and completely replaced..
Any thoughts appreciated. We are only trying to get a fair deal here but feel that as they have admitted liability, they are trying to cut corners with their offer which is either not the same as we currently have and/or we are out of pocket.
Although we would rather not, we are wondering whether we should involve lawyers to assist us...?
Last May (yes 10 months ago!), we had a new car. We woke up the following morning and engine fluid had been leaking onto the tarmac driveway overnight. After several discussions with the dealer and having a professional pressure wash, it still didn't move the stain on the drive and in fact the tarmac has started to break up on the surface. The manufacturer admitted fault (some guy didn't plug a hose in properly and that came attached). We are now in a process of trying to claim compensation to have our drive fixed.
We have been offered an amount to "overlay" the drive in new tarmac. However, there have been several issues with this:
1. The amount offered excludes VAT which they are claiming is to cover "wear & tear". We argued against this as ultimately getting this returned to its original condition (i.e. no stain) will involve us paying the VAT and therefore if we don't get this back, we are out of pocket. They said:
"....any settlement made follows the principle of indemnity as set out by the Courts so we have to take on board prior depreciation wear and tear and life span of items damaged. Your driveway is 10 plus years old and a deduction of 16.6% being the VAT element on the budget price we have is not unreasonable. This gives the driveway and overall life span of 60 plus years."
Sounds rubbish to us but do they have grounds?
2. We understand (although waiting on some local drive people to confirm or deny this) that overlaying will increase the height of the driveway potentially causing issues with drainage and the tarmac not matching up with some existing blockwork that edges the tarmac. We therefore think that this "overlay" approach is therefore not returning the driveway back to the same situation before we had the stain. However, are we being too fussy here?
The cost of the overlay (excluding VAT) is approx 50% that it would cost to have the tarmac layer removed and completely replaced..
Any thoughts appreciated. We are only trying to get a fair deal here but feel that as they have admitted liability, they are trying to cut corners with their offer which is either not the same as we currently have and/or we are out of pocket.
Although we would rather not, we are wondering whether we should involve lawyers to assist us...?
Thanks for the responses everyone.
Yes sounds like insurance maybe the route to reduce the hassle - we were hoping this would be straight-forward given they've admitted liability but clearly not!
The driveway company who provided the quote has confirmed that it will be about 30mm higher than our existing driveway so definitely won't be the same as what we currently have. I think this is our main point.
P.S. - probably should know what the fluid was but to be perfectly honest they weren't a bit shy/embarrassed about admitting exactly what pipe had not been connected properly!
Yes sounds like insurance maybe the route to reduce the hassle - we were hoping this would be straight-forward given they've admitted liability but clearly not!
The driveway company who provided the quote has confirmed that it will be about 30mm higher than our existing driveway so definitely won't be the same as what we currently have. I think this is our main point.
P.S. - probably should know what the fluid was but to be perfectly honest they weren't a bit shy/embarrassed about admitting exactly what pipe had not been connected properly!
Firstly, thanks for all of the comments and advice - really appreciated.
I cannot find a pic at the mo - will see if can upload one tomorrow. However, they've admitted liability (we have in writing) and so I assume they think it's bad enough that it needs fixing. It just feels that they are offering an inferior answer, which appears many of you agree with.
@ Collectingbrass - thanks - good point on the DPC. However, we have brick paving around the tarmac up to the house.
The concern is around adding at least 30mm to the top and how that is going to work with drainage (our drive is on a slope already) and also how the new tarmac joins up to the bricks! Basically we are concerned the overlay will start to create some form of slight "hill" in the middle sloping down at all sides to the brickwork so the tarmac and brick paving is level. Because obviously they cannot add 30mm across the whole surface otherwise there will be a step between the bricks and the tarmac.
@ColinM50 - loss adjuster is a good idea actually. We are obviously getting some traction so far but if we don't get a satisfactory
Perhaps a suggestion we will get someone involved (that would cost them more money) would persuade them to negotiate and up the offer to something more sensible?
On insurance - we've never had to claim before, and whilst we are not against this, we are worried we've left it to long on the basis we were starting to get somewhere with the dealer, then manufacturer and now their insurers??
I cannot find a pic at the mo - will see if can upload one tomorrow. However, they've admitted liability (we have in writing) and so I assume they think it's bad enough that it needs fixing. It just feels that they are offering an inferior answer, which appears many of you agree with.
@ Collectingbrass - thanks - good point on the DPC. However, we have brick paving around the tarmac up to the house.
The concern is around adding at least 30mm to the top and how that is going to work with drainage (our drive is on a slope already) and also how the new tarmac joins up to the bricks! Basically we are concerned the overlay will start to create some form of slight "hill" in the middle sloping down at all sides to the brickwork so the tarmac and brick paving is level. Because obviously they cannot add 30mm across the whole surface otherwise there will be a step between the bricks and the tarmac.
@ColinM50 - loss adjuster is a good idea actually. We are obviously getting some traction so far but if we don't get a satisfactory
Perhaps a suggestion we will get someone involved (that would cost them more money) would persuade them to negotiate and up the offer to something more sensible?
On insurance - we've never had to claim before, and whilst we are not against this, we are worried we've left it to long on the basis we were starting to get somewhere with the dealer, then manufacturer and now their insurers??
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