Car damaged while window repaired, Can I claim for hire car
Discussion
Don't want to go into too much detail about who and the incident here just yet, as the firm has been fair with me so far, and I don't want to spoil it.
Basically I called a medium sized windscreen company out to replace a damaged side window of my wife's car.
While working on it, the guy damaged the paintwork and surrounding chrome trim. I have received an email today from the owner of the company admitting liability, and offering to pay to fix it, or arrange to get it fixed themselves.
I am happy to arrange getting it fixed as I will use a bodyshop I know and trust, but my wife's car will be off the road for up to a week, and she needs to keep mobile. She works 2 days a week, also we have a one year old son, and our car seat is ISOFIX only and will only fit in certain cars.
As trader obviously I could tax one of my stock cars with ISOFIX, but that will mean I will be unable to sell that particular car for up to a week, so I don't see why I should if I don't have to. A hire car would be the best solution.
I have not yet broached the subject of hire cars with him, so if he refuses or does not want to where do I stand legally?
P.S. I don't believe this is covered on my insurance, as my wife is on my trade policy which does not cover windscreens (so I guess side windows too) plus my excess is quite big.
Basically I called a medium sized windscreen company out to replace a damaged side window of my wife's car.
While working on it, the guy damaged the paintwork and surrounding chrome trim. I have received an email today from the owner of the company admitting liability, and offering to pay to fix it, or arrange to get it fixed themselves.
I am happy to arrange getting it fixed as I will use a bodyshop I know and trust, but my wife's car will be off the road for up to a week, and she needs to keep mobile. She works 2 days a week, also we have a one year old son, and our car seat is ISOFIX only and will only fit in certain cars.
As trader obviously I could tax one of my stock cars with ISOFIX, but that will mean I will be unable to sell that particular car for up to a week, so I don't see why I should if I don't have to. A hire car would be the best solution.
I have not yet broached the subject of hire cars with him, so if he refuses or does not want to where do I stand legally?
P.S. I don't believe this is covered on my insurance, as my wife is on my trade policy which does not cover windscreens (so I guess side windows too) plus my excess is quite big.
He may b
h about paying the money hiring a car will cost if paying this out of his own pocket.
If using his liability insurance, then it's neither here nor there.
Bottom line his employee's poor workmanship has inconvenienced your wife, unless you can leave the repair until she's off work for any holiday leave she's built up.
You're not being unreasonable in pointing out this aspect of the claim - which the bodyshop may provide a loan car (most should have Isofix) as part of their prices.
h about paying the money hiring a car will cost if paying this out of his own pocket.If using his liability insurance, then it's neither here nor there.
Bottom line his employee's poor workmanship has inconvenienced your wife, unless you can leave the repair until she's off work for any holiday leave she's built up.
You're not being unreasonable in pointing out this aspect of the claim - which the bodyshop may provide a loan car (most should have Isofix) as part of their prices.
Update, and bump for the evening crowd:
I have emailed him today offering to get it repaired at my trusted independent bodyshop, plus hiring a car for week, or taking to Audi which will come with a suitable loan car. I guess either will come to similar money, but I have not got the estimates yet.
Anyone else got some idea on the legal standing if he does not want to pay?
I have emailed him today offering to get it repaired at my trusted independent bodyshop, plus hiring a car for week, or taking to Audi which will come with a suitable loan car. I guess either will come to similar money, but I have not got the estimates yet.
Anyone else got some idea on the legal standing if he does not want to pay?
Have you written verification of his intentions?
If not, then either get some, or simply ask for his indemnity insurance details/policy.
If he becomes further awkward, then you'll need to involve your own insurance to pick up the ball, and run with it.
Do you have any reason to suspect he'll reneg on his word/throw his toys out of the pram?
If not, then either get some, or simply ask for his indemnity insurance details/policy.
If he becomes further awkward, then you'll need to involve your own insurance to pick up the ball, and run with it.
Do you have any reason to suspect he'll reneg on his word/throw his toys out of the pram?
The wording in his email admitted it was his companies fault, asked me how I want to proceed, and for me to get estimates.
No reason to think he will reneg. Although he is happy to pay for the repair, he may not have considered the hire/loan car situation, and now might start saying what he will and won't pay for.
What I need to know is, now he has admitted liability for the damage, does this legally include consequential loss?, IE possibly the cost a hire car.
No reason to think he will reneg. Although he is happy to pay for the repair, he may not have considered the hire/loan car situation, and now might start saying what he will and won't pay for.
What I need to know is, now he has admitted liability for the damage, does this legally include consequential loss?, IE possibly the cost a hire car.
If the bodyshop doesn't supply a loan car, then your estimate for him should include a hire cost.
If he queries the extra cost, then you simply explain the wife can't be inconvenienced without a car.
My previous reply explains the situation if he disputes the additional expenditure, and with his written admission of liability, you're covered if you need to go down that alternative avenue.
So long as you don't rip the arse out of the size/cost of car hired, then he should be decent enough about it.
If he queries the extra cost, then you simply explain the wife can't be inconvenienced without a car.
My previous reply explains the situation if he disputes the additional expenditure, and with his written admission of liability, you're covered if you need to go down that alternative avenue.
So long as you don't rip the arse out of the size/cost of car hired, then he should be decent enough about it.
kentmotorcompany said:
The wording in his email admitted it was his companies fault, asked me how I want to proceed, and for me to get estimates.
No reason to think he will reneg. Although he is happy to pay for the repair, he may not have considered the hire/loan car situation, and now might start saying what he will and won't pay for.
What I need to know is, now he has admitted liability for the damage, does this legally include consequential loss?, IE possibly the cost a hire car.
If he accepts liability he has to pay for the repairs and loss of use or hire of an alternative vehicle. He cannot, but may try to, limit his pay out only to the vehicle damage. No reason to think he will reneg. Although he is happy to pay for the repair, he may not have considered the hire/loan car situation, and now might start saying what he will and won't pay for.
What I need to know is, now he has admitted liability for the damage, does this legally include consequential loss?, IE possibly the cost a hire car.
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