Car damaged after MOT, whos fault?
Discussion
Dropped my Jeep Grand Cherokee off for an MOT this afternoon and was told they would call when finished(dropped off at 13:20)waited until 15:00 before ringing them, to be told yes all done come and pick it up, got to the garage around 15:20 car passed and told parked around the corner, to find the rear screen was smashed in, went back to the garage to be told its only been there 20 minutes, phoned police not interested, shop it was parked outside had cctv and noticed it had been parked from 14:20, also a bunch of teenagers on the cctv look like they are throwing stones across the road at around 15:05 then all run off, phoned insurance for replacing the rear screen, told them everything, and I am reasonable for the excess, even though I wasn't in procession of my car?would the garage not be responsible? advice please I've had to pay the £100 before Autoglass will come out.
GTXJIM said:
Dropped my Jeep Grand Cherokee off for an MOT this afternoon and was told they would call when finished(dropped off at 13:20)waited until 15:00 before ringing them, to be told yes all done come and pick it up, got to the garage around 15:20 car passed and told parked around the corner, to find the rear screen was smashed in, went back to the garage to be told its only been there 20 minutes, phoned police not interested, shop it was parked outside had cctv and noticed it had been parked from 14:20, also a bunch of teenagers on the cctv look like they are throwing stones across the road at around 15:05 then all run off, phoned insurance for replacing the rear screen, told them everything, and I am reasonable for the excess, even though I wasn't in procession of my car?would the garage not be responsible? advice please I've had to pay the £100 before Autoglass will come out.
If the garage are doing work on the car.... until you get it back in your possession then they are responsible.They can say everything under the sun to get away from it, but the car was in their care until you picked it up so not your issue.
The fact you have paid is going to be an issue as they will wait it out now.
Why did they park it on the street and not keep it on their premises until you collect it.
Yes the kids probably did the damage but it wouldn't have happened if they had kept the car. I suspect as they parked it and kept the keys I suspect it's still in their custody and control and as such should be on their insurance not yours. I'll be interested in the legal answer on this one.
Yes the kids probably did the damage but it wouldn't have happened if they had kept the car. I suspect as they parked it and kept the keys I suspect it's still in their custody and control and as such should be on their insurance not yours. I'll be interested in the legal answer on this one.
I'll have a guess as well...
Were the garage negligent? Could they have reasonably foreseen the car getting stones thrown at it by kids if they left it where they did? Would you have left your car there yourself?
I'd say no, not their responsibility.
They may pay up out of goodwill, but don't have to.
Were the garage negligent? Could they have reasonably foreseen the car getting stones thrown at it by kids if they left it where they did? Would you have left your car there yourself?
I'd say no, not their responsibility.
They may pay up out of goodwill, but don't have to.
Chester draws said:
I'll have a guess as well...
Were the garage negligent? Could they have reasonably foreseen the car getting stones thrown at it by kids if they left it where they did? Would you have left your car there yourself?
I'd say no, not their responsibility.
They may pay up out of goodwill, but don't have to.
This^^Were the garage negligent? Could they have reasonably foreseen the car getting stones thrown at it by kids if they left it where they did? Would you have left your car there yourself?
I'd say no, not their responsibility.
They may pay up out of goodwill, but don't have to.
Having a long time ago dealt with motor trade insurance on a daily basis one of the official phrases used in the policy when referring to customers vehicles was 'custody and control'. In this case I would think you could argue either way whether the car was in their custody but the car was certainly in their control as they had the keys - no one else was in control of it.
The more I think about it the more I lean towards this being a claim on the motor traders insurance. Still would value a legal view.
The more I think about it the more I lean towards this being a claim on the motor traders insurance. Still would value a legal view.
elanfan said:
Having a long time ago dealt with motor trade insurance on a daily basis one of the official phrases used in the policy when referring to customers vehicles was 'custody and control'. In this case I would think you could argue either way whether the car was in their custody but the car was certainly in their control as they had the keys - no one else was in control of it.
The more I think about it the more I lean towards this being a claim on the motor traders insurance. Still would value a legal view.
Exactly this. I had my own car repair business for 25 years. I was responsible for my customer`s cars the moment they handed me the keys.While that car was in my "custody and control" it was covered by my motor traders policy.By the way I would never dream of leaving a customer`s car parked in the street.!! That`s a bit like my mechanic stopping off at Asda while on road test, asking for trouble.The more I think about it the more I lean towards this being a claim on the motor traders insurance. Still would value a legal view.
The garage should pay for the damage,end of. It will be up to them If they claim on their motor traders.
About 5 years ago I took a call whilst working in police ops.
A car at a bodyshop had been damaged. It had been left outside overnight.
The owner was reporting.
The car?
Lamborghini.
I was gobsmacked that it had been left outside overnight.
A local company I know and have used never leave any cars outside overnight. All brought inside.
I did ask the owner if he had queried the bodyshop about it re who's insurance would cover it. It was in the care of the bodyshop and they failed in my opinion.
Unfortunately I lost track of it re outcome.
A car at a bodyshop had been damaged. It had been left outside overnight.
The owner was reporting.
The car?
Lamborghini.
I was gobsmacked that it had been left outside overnight.
A local company I know and have used never leave any cars outside overnight. All brought inside.
I did ask the owner if he had queried the bodyshop about it re who's insurance would cover it. It was in the care of the bodyshop and they failed in my opinion.
Unfortunately I lost track of it re outcome.
Fact:
The car was in the care of the garage. The garage are liable.
Opinion:
Any garage that leaves customer vehicles parked on the street are likely to be the sort of garage that will do all they can to shirk responsibility. If you patronise these places you should expect exactly this outcome.
Prediction:
Fighting to get the garage to pay won't be worth the effort you will expend. The garage owner knows it and will stonewall you from here on.
The car was in the care of the garage. The garage are liable.
Opinion:
Any garage that leaves customer vehicles parked on the street are likely to be the sort of garage that will do all they can to shirk responsibility. If you patronise these places you should expect exactly this outcome.
Prediction:
Fighting to get the garage to pay won't be worth the effort you will expend. The garage owner knows it and will stonewall you from here on.
mikeveal said:
Fact:
The car was in the care of the garage. The garage are liable.
Opinion:
Any garage that leaves customer vehicles parked on the street are likely to be the sort of garage that will do all they can to shirk responsibility. If you patronise these places you should expect exactly this outcome.
Prediction:
Fighting to get the garage to pay won't be worth the effort you will expend. The garage owner knows it and will stonewall you from here on.
I'd agree with this - when you leave your car with a garage they are responsible for it until you collect it.The car was in the care of the garage. The garage are liable.
Opinion:
Any garage that leaves customer vehicles parked on the street are likely to be the sort of garage that will do all they can to shirk responsibility. If you patronise these places you should expect exactly this outcome.
Prediction:
Fighting to get the garage to pay won't be worth the effort you will expend. The garage owner knows it and will stonewall you from here on.
If the shoe was on the other foot and during the time the garage had your car they had lent you a loan car and that had been damaged by kids throwing stone during the period you were using it would they just shrug it off and not hold you liable?
Of course it was in their care and they are responsible, negligence doesnt come into it
Of course it was in their care and they are responsible, negligence doesnt come into it
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