Main dealer has written car off
Discussion
TwigtheWonderkid said:
blueg33 said:
TwigtheWonderkid said:
Jonno02 said:
TwigtheWonderkid said:
I have explained several times that the insurer can, and should, pay trade value.
What the f
k did I just read?Does anyone think that would be a good thing. Anytime business is slow, and sales are down, just get a car in for service and smash it up. Money for old rope!
Jonno02 said:
That £12k isn't being used by the dealer to procure a new car though, it's being offered to the OP's sister.
Regardless of the cash offer, she either needs to be:
A) put back into a like for like car
B) given enough money to buy a like for like car
The details can be hashed out amongst the garage and their insurance.
And that has been the point Twig has been making. The OPs sister needs either a replacement similar spec/age car or £17k so she can go and buy one.Regardless of the cash offer, she either needs to be:
A) put back into a like for like car
B) given enough money to buy a like for like car
The details can be hashed out amongst the garage and their insurance.
The dealer should only get £12k though if that is the trade value of the car.
Trevor555 said:
Someone please tell me what car can be bought for 12k and retailed for 17k.
Apparently that garage have a few of them?
I closed my site down a few years back because margins got smaller and smaller.
If the trade value is more than £12K, then that's an argument between the garage and their insurer, nothing to do with the OP's sister. If the trade value is indeed £12K but the market value is lower than £17K, but the OP's sister thinks it's £17K, then it doesn't matter. The garage take the £12K, buy a replacement car that retails at £14K and not £17K, and say to the op's sister "here's a like for like replacement for your £17K car we smashed up." No point in shattering her illusions. Apparently that garage have a few of them?
I closed my site down a few years back because margins got smaller and smaller.
Chrisgr31 said:
Jonno02 said:
That £12k isn't being used by the dealer to procure a new car though, it's being offered to the OP's sister.
Regardless of the cash offer, she either needs to be:
A) put back into a like for like car
B) given enough money to buy a like for like car
The details can be hashed out amongst the garage and their insurance.
And that has been the point Twig has been making. The OPs sister needs either a replacement similar spec/age car or £17k so she can go and buy one.Regardless of the cash offer, she either needs to be:
A) put back into a like for like car
B) given enough money to buy a like for like car
The details can be hashed out amongst the garage and their insurance.
The dealer should only get £12k though if that is the trade value of the car.
TwigtheWonderkid said:
Chrisgr31 said:
Jonno02 said:
That £12k isn't being used by the dealer to procure a new car though, it's being offered to the OP's sister.
Regardless of the cash offer, she either needs to be:
A) put back into a like for like car
B) given enough money to buy a like for like car
The details can be hashed out amongst the garage and their insurance.
And that has been the point Twig has been making. The OPs sister needs either a replacement similar spec/age car or £17k so she can go and buy one.Regardless of the cash offer, she either needs to be:
A) put back into a like for like car
B) given enough money to buy a like for like car
The details can be hashed out amongst the garage and their insurance.
The dealer should only get £12k though if that is the trade value of the car.
It's another example of a non too bright Lawyer? They've passed the exams but cannot function in the real world?
Edited by carinaman on Wednesday 18th March 17:11
carinaman said:
The OP's sister needs to get their own Solicitor to explain that to the bullying Solicitors the Dealer has given this to?
It's another example of a non too bright Lawyer? They've passed the exams but cannot function in the real world?
The lawyer is bright. He/she does not want to spend hours going backwards and forwards with their client negotiating. This is their clients instruction and we can see what a fIt's another example of a non too bright Lawyer? They've passed the exams but cannot function in the real world?
Edited by carinaman on Wednesday 18th March 17:11
ktard they are. Still reinforces my opinions of the legal profession.vikingaero said:
carinaman said:
The OP's sister needs to get their own Solicitor to explain that to the bullying Solicitors the Dealer has given this to?
It's another example of a non too bright Lawyer? They've passed the exams but cannot function in the real world?
The lawyer is bright. He/she does not want to spend hours going backwards and forwards with their client negotiating. This is their clients instruction and we can see what a fIt's another example of a non too bright Lawyer? They've passed the exams but cannot function in the real world?
Edited by carinaman on Wednesday 18th March 17:11
ktard they are. Still reinforces my opinions of the legal profession.Surely this all depends on what (if any) paperwork the OP's sister signed with the garage before handing her car over for the service?
If there's some paperwork with a disclaimer then unlucky (i'd assume she'd be bound by that unless its deemed unfair?), if there's nothing specifically covering this situation then the chat between the garage's insurers and the garage are irrelevant to the OP's sister, the garage owe her the equivalent car or £17k in cash to go buy it elsewhere. Simples, all this talk of GAP etc is utter nonsense
If there's some paperwork with a disclaimer then unlucky (i'd assume she'd be bound by that unless its deemed unfair?), if there's nothing specifically covering this situation then the chat between the garage's insurers and the garage are irrelevant to the OP's sister, the garage owe her the equivalent car or £17k in cash to go buy it elsewhere. Simples, all this talk of GAP etc is utter nonsense
Gary C said:
Err, read page 1 ?
It does not say. 'Garages' arn't negligent. People carry out negligent acts.So who/which person and how did the negligent act occure?
We don't know. We have just been told "the garage wrote the car off..." how? did the roof fall in did another car run into the OP's car? how?
Let's get the facts first.
kestral said:
Gary C said:
Err, read page 1 ?
It does not say. 'Garages' arn't negligent. People carry out negligent acts.So who/which person and how did the negligent act occure?
We don't know. We have just been told "the garage wrote the car off..." how? did the roof fall in did another car run into the OP's car? how?
Let's get the facts first.
Osinjak said:
Seriously?
Absolutely. It will be the first question a good solicitor would ask 100%Who did it the (person involved)?
How did it happen(who is liable)?
Everyone has speculated without getting the facts from the OP.
So OP please tell us HOW this car got written off.
And WHICH individual committed the negligent act.
That is the starting point for any claim.
Then we can advice properly on facts not speculation.
Jasandjules said:
The garage will be vicariously liable for the acts of it's employee when acting in the course of employment.
There you go! I know that. But you say it was an employee without knowing that!Why not find out first it may have been the bosses wife. A wall may have collapsed and fallen on the car.
Get the facts. Otherwise it is speculation based on guesswork.
kestral said:
There you go! I know that. But you say it was an employee without knowing that!
Why not find out first it may have been the bosses wife. A wall may have collapsed and fallen on the car.
Get the facts. Otherwise it is speculation based on guesswork.
What does it matter? The garage have accepted liability. You're just confusing things unneccessarily. If it was the bosses wife, or the driver was a contractor with an uncertain insurance position or who perhaps turns out to be banned, do you think it's wise to open multiple cans of worms?Why not find out first it may have been the bosses wife. A wall may have collapsed and fallen on the car.
Get the facts. Otherwise it is speculation based on guesswork.
The OP has asked the name of the employee involved and the garage / legal firm have refused to supply it, citing GDPR.
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