What is your view on this?

[MDT]

My old boy put his car into a garage to get a running fault fixed and they fixed it and while they took for a test drive to check it over it was involved in a crash which has basically removed the front of his car, not the Garages fault and the other driver is admitting fault.

Over all the garage is being all ok with trying to sort out a hire car etc.

But what would your view be on paying the bill for the work prior to the car being written off?

[Krikkit]

I'd expect the garage to waive the bill - surely that will be covered under their insurance? Even if it isn't, you can't expect someone to pay for work on something that's been destroyed before they've received it.

[Dr Interceptor]

If I were the garage, I'd be embarrassed to ask for payment of the bill

[Birdster]

I'd pay the bill, but can't you claim against their insurance for loss of value to car (if something worthwhile)?

If the car is going to be fixed and returned as expected and you have a car provided in the mean time so you are not without then I'd say you settle the bill. Accidents happen. If the garage plays ball and see you right I see no reason to receive a discount. if car is of high value/rare and residuals will be affected then a reduction/deal would be expected.

[kambites]

Hmm, difficult one. I think I'd probably expect to pay the bill.

[VeeDub Geezer]

I'd expect to pay the bill.

The garage have still completed the work they were asked to do so why wouldn't you?

[Krikkit]

Sorry, I've missed a bit here - is the car being repaired? If so I'd pay, if it's written off then no.

[ikarl]

Why should the garage be out of pocket for something that they've spent time and money fixing?

Where/who would the garage claim their monies from?

[MDT]

To confirm the car very much a bin job. Will not be getting returned to my old boy

[mgtony]

So while the car was in the garages care, it's been written off and people would still go down and settle a repair bill? I don't think so. If they incur any loss, let them sue the other driver.

[danjama]

VeeDub Geezer said:

I'd expect to pay the bill.

The garage have still completed the work they were asked to do so why wouldn't you?

Can they prove the work was completed? Did the owner see it completed? No? Then they can f off.

[RacerMike]

If I was the owner of the garage I'd be embarassed to ask the owner to pay the bill! I don't really see how they can expect your Dad to pay for something which he will never actually see, and at the end of the day 90% of their original bill was probably labour.

[jamei303]

I am sure the implied contract of sale for the repair service involved returning the car to the owner in a drivable state.

[Birdster]

So then it comes out of their insurance to pay for a total write off. Make sure that this does not come out of yours.

Or they source you a suitable replacement.

[D1bram]

I'd expect to pay the bill on completion of the work - ie when the repaired car is handed back to me.

Therefore I would not expect to pay it in this case.

I'd expect the garage to claim out of pocket expense from the 3rd party at fault.

[fat freddie]

Shirley the garage will simply add on a few grand to their insurance claim for the new engine/gearbox/full respray etc they did prior to the prang?

It wouldn't even enter my head that I'd be asked to pay a bill for a car that has been crashed while in their care.

[VeeDub Geezer]

I missed the part about it being written off.

In this case I'd expect the garage to recover their costs via insurance.

I was expecting the car to be returned (albeit a little later than expected.)

[Snowboy]

I wouldn't expect to pay.

If it's a large amount if money I might expect the garage to try and claim on the insurance in some way.
I guess it might depend on whether the garage work significantly increased the value if the car in the eyes of the indurance assessor... Iyswim.

In fact, I wouldn't be suprised if there isn't a precedent for claiming for this sort of thing.

[CYMR0]

Let's say the car was worth £2,500.

It needed £500 worth of work.

When he took the car in that morning, it was broken, so only worth £2000.

To get the car to be worth the £2,500 that the insurer will eventually pay, needed £500 of work, which the garage presumably did.

Effectively the customer needed to pay the garage to get the car into the state where the insurer would have paid out the money that they will. Had the car been crashed into with the engine fault, it would have been worth less (if declared/detectable, of course) - but still worth less.

So just because the customer hasn't had the benefit of driving the repaired car, he has had the benefit of the work because the insurance payout will reflect the car's new, repaired condition.

[Rakoosh]

I guess it depends on what was being done and how much and even though its not the garages fault I would expect them to write off the cost of the work done or at least reduce it perhaps to cost of parts alone?

This more as a goodwill gesture... rather than any legal right...

Without knowing the work though its hard to make a call.

At the end of the day - if the 'test drive' had 'failed' - they could not charge you for it until it was fixed?

This is perhaps a little harsh on the garage as it means they take a risk after they fix the car that they may not get the money for the work done but its a small risk and no more so than the car getting damaged on their site,etc.