Dealer Damaged Our Car
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Discussion

D1bram

Original Poster:

1,518 posts

200 months

Monday 7th April 2014
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My wifes Nissan 350z was with the dealer we bought it from last week for some waranty work, when we dropped it off they went around the car and did a condition check, noting a couple of minor chips in the paintwork.

We were struggling for time to pick it up (it's almost an hour round trip once the work was complete and the dealer very kindly offered to drop it off, so long as we could wait a couple of days until it was convenient for them, which we agreed to.

So last Thursday I had a call from their driver, checking he had the right address before he put the keys through the letter box.

We arrived home Thursday night and found it in place, my wife decided she would use it to drop me off for running and when we got in I immediately noticed a large crack in the windscreen - quite low down behind the instrument binnacle so not so visible to my wife.

On inspection, the crack appears to have spread out from a significant chip at the centre of it.

I contacted the dealer the following day, and their attitude took me aback. As far as they were concerned they had inspected the car both whilst it was with them and before it set off back to us and there was no crack or chip in the windscreen, their driver states it didn't happen while he was driving so in their opinion it is not their fault or responsibility.

This isn't the first time they have damaged the car, last time they cracked the bumper, but they were very honest that time.

I have had a catalogue of issues with the dealership previously though (stemming from when we bought the car) and am on first name terms with the dealership group customer services - I referred my complaint to them and they have basically reiterrated the dealers point above and gone on to say I should claim on my own insurance and that as a gesture they will pay any excess.

Why should my insurer be liable though?

Any advice please? I can see this being a difficult one to resolve.

Superhoop

4,910 posts

222 months

Monday 7th April 2014
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Glass is a difficult one and the driver may well be telling the truth that there was no damage when it was parked up - Any chip on a screen can lead to a crack, and it only needs a temperature change for that to happen, or to put a stress through the body (pothole, driving the car up a drop kerb). It could also have happened during delivery, and gone unnoticed by the driver (You did say that your wife didn't spot it) or even happened while your wife was out for a drive.

I think the offer to cover your insurance excess by the dealer isn't unreasonable - After all, what would you have done had it happened the following morning?

edo

16,699 posts

294 months

Monday 7th April 2014
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A screen claim doesn't affect your NCB, so take their offer. You get a new screen, and it doesn't cost you a penny.

Move on. You need to value your time. Arguing will just cause you stress. Not worth it.

Oh, and use another Nissan dealer.

Liquid Tuna

1,403 posts

185 months

Monday 7th April 2014
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Yes, come on OP. Don't waste any more time on it. Take their offer to pay any excess and be done with it. And find another dealer.

strath44

1,370 posts

177 months

Monday 7th April 2014
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Yip sorry mate, life is too short claim on the insurance it won't cost much and you will have a nice shiny chip free screen.

So hard to prove when it happened especially as it wasn't seen straight away, get a new dealer and move on!

Edited by strath44 on Monday 7th April 10:14

McWigglebum4th

32,414 posts

233 months

Monday 7th April 2014
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Okay if your wife had picked up the chip on the wndscreen which caused it to crack


How would she of avoided getting the chip on the windscreen?


Now ask the same question of the garage

How would their driver avoided getting a stonechip?




D1bram

Original Poster:

1,518 posts

200 months

Monday 7th April 2014
quotequote all
Thanks, I think I will do that.

Point more was that they left it with the crack and didn't say anything.

Yes, a crack can happen due to temperature changes, but I think it's much likely to have been while driving.

To clarify, my wife hadn't driven the car at all since they'd dropped it off.

Definitely will be using an alternative dealer in future.

10 Pence Short

32,880 posts

246 months

Monday 7th April 2014
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D1bram said:
Definitely will be using an alternative dealer in future.
From what you've said in this thread, the dealer has been honest in the past, having damaged your bumper, and I presume made good the repair. On this occasion they have denied liability but are willing to pay your excess as a gesture of good will.

That sounds to me like excellent customer service. Finding dealers like this is not easy.

I'd think twice before ditching them for another that you do not know.

D1bram

Original Poster:

1,518 posts

200 months

Monday 7th April 2014
quotequote all
10 Pence Short said:
D1bram said:
Definitely will be using an alternative dealer in future.
From what you've said in this thread, the dealer has been honest in the past, having damaged your bumper, and I presume made good the repair. On this occasion they have denied liability but are willing to pay your excess as a gesture of good will.

That sounds to me like excellent customer service. Finding dealers like this is not easy.

I'd think twice before ditching them for another that you do not know.
From what I've said here I suppose that's true, but there have been many other issues right from the day we picked it up, nothing has ever been done right the first time, I've wasted countless trips to pick the car up only to find they've forgotten to carry out an element of the work it was there for and had to refer to customer services for an agreeable resolve every time.

ToothbrushMan

1,772 posts

154 months

Monday 7th April 2014
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i take the rough with the smooth with my local garage. 95% of the time they offer good service but every now and again they goof up and tbf to them when ive gone back to show them theyve simply replaced or repaired without much of an argument......the point as raised before here is a good dealer or garage can be hard to find locally. the gesture of paying the XS is a good one. whether they pay it or you paid it could still mean a claim on your record as this differes insurer to insurer (some are less willing to be clear about if a new windscreen glass claim affects your bonus) i dare say if you changed insurers the new insurer would definitely class a new windscreen as a claim.
either way a stonechipped screen in nobodys fault unless the delivery driver drove in such a way that the car hit something to cause the crack.


yellowjack

18,436 posts

195 months

Monday 7th April 2014
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Sorry to agree with a lot of comments on here, but I do.

I've twice had replacement screens in quick succession, and only once got the fitters to pick up the tab (I know it's not the same as your case, OP).

First time - Crack appears almost instantaneously after an articulated tipper passes in the opposite direction. I heard the 'hit' and within about a hundred metres the crack was spreading across the screen. I got the screen swapped pretty quick, and only a week or so later, I got another stone strike, in a similar situation. This time in heavy traffic, so despite the fact that I was fired up to give chase (no livery on the tractor unit to report) there was no opportunity to turn around, nor could I have caught up to the truck in such heavy traffic. I had to suck it up, and pay the excess a second time.

Second time, a crack appeared on the motorway on my 100 mile commute home on the Friday. Foolishly, I decided to stick to family plans for days out over the weekend, before I drove back to work on Monday, hoping to get it repaired during the working week. No dice. It cracked on the 100 mile trip back to work for the week. So I got the screen replaced on a half day in Cambridge. Then the following day, a crack started spreading from the very side of the screen under the plastic trim strip. It being impossible to suffer a stone strike in such a position, I took it back, only to be told flat that there was no way the fitter's guarantee covered further stone damage. I insisted it was looked at by someone more senior, and the branch manager agreed with my reasoning that the crack began somewhere under the trim, and therefore was either due to damage at the edge of the glass before it was fitted, or by poor fitting - they changed it there and then, without further quibbling.

In your case, it's possible that the glass was chipped already, or (if it was parked at the roadside, not on your drive) that a passing car flicked a stone at it and caused the damage after it was dropped off. Whatever the truth of it, you cannot honestly swear to the fact that the dealer "caused" the damage, therefore you should take them up on the offer to pay your glass excess, as it seems generous in the circumstances.

Oh, and if you are constantly finding yourself with service quality issues, find another dealer, or an independent specialist to look after your car in future wink

The Moose

23,676 posts

238 months

Monday 7th April 2014
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I rented a van a couple of years ago to move house with. The depot is a 10 min walk from my work so I picked it up on Friday evening with the intention of returning it on Monday morning.

On the way back to drop the van off, less than half a mile away from their depot, I got a stone chip and crack. I was liable and paid a fair chunk of change for it.

Why is this any different? Whilst the vehicle is in their care it should be their responsibility.

As far as I'm concerned, it's not back in the owner's care when it's dropped off - it's when they've got home and checked over the car.

D1bram

Original Poster:

1,518 posts

200 months

Monday 7th April 2014
quotequote all
The Moose said:
I rented a van a couple of years ago to move house with. The depot is a 10 min walk from my work so I picked it up on Friday evening with the intention of returning it on Monday morning.

On the way back to drop the van off, less than half a mile away from their depot, I got a stone chip and crack. I was liable and paid a fair chunk of change for it.

Why is this any different? Whilst the vehicle is in their care it should be their responsibility.

As far as I'm concerned, it's not back in the owner's care when it's dropped off - it's when they've got home and checked over the car.
Pretty much sums up my point really. Not disputing that stone chips are easily incurred, but if I'd taken their courtesy car and it had happened while I was driving I would be responsible, agreed?

For the record, the car was left in my drive, nose up to the garage so no way a passing car flicked up a stone.

I've accepted the £75 'good will' gesture, but I do think it was pretty poor that they went straight on the defensive - I did offer them the opportunity to inspect and suggested that they could check the mileage to prove it hadn't been driven, but thei driver did not record the mileage apparently.

Lesson learnt, another dealer will be used in future.

Twin Turbo

5,544 posts

295 months

Monday 7th April 2014
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edo said:
A screen claim doesn't affect your NCB
Not always true. Check the small print, some companies will not give you any NCD for the year you make the claim..........you won't lose any, but you won't gain any, either. I fell foul of this last year (although with "full" NCD it wasn't really an issue for me)

D1bram

Original Poster:

1,518 posts

200 months

Monday 7th April 2014
quotequote all
Twin Turbo said:
edo said:
A screen claim doesn't affect your NCB
Not always true. Check the small print, some companies will not give you any NCD for the year you make the claim..........you won't lose any, but you won't gain any, either. I fell foul of this last year (although with "full" NCD it wasn't really an issue for me)
Think our insurer is like this. Though we have 11 years protected so not really an issue.

More an issue when I need to declare the claim on the other three policies I hold.

robdcfc

525 posts

187 months

Monday 7th April 2014
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Im glad I dont have to do any work for you, they offered to cover something that they cant be proved liable for but they must of done.

You already stated that it couldnt been seen from the drivers seat so why would the delivery driver have noticed it?

I think they will be glad of you choosing to use another garage as it sounds like every visit from yourself racks up a complaint.

D1bram

Original Poster:

1,518 posts

200 months

Monday 7th April 2014
quotequote all
robdcfc said:
Im glad I dont have to do any work for you, they offered to cover something that they cant be proved liable for but they must of done.

You already stated that it couldnt been seen from the drivers seat so why would the delivery driver have noticed it?

I think they will be glad of you choosing to use another garage as it sounds like every visit from yourself racks up a complaint.
On the other hand I'd love to work for you. You clearly never complain.

Really don't understand posts like this, are you just being obtuse or do you genuinely accept damage and below par workmanship readily?

Without going into boring detail, some of their failures included cracking the rear bumper, losing the parrot controller (which they later located INSIDE the transmission tunnel), 'forgetting' to paint the front bumper and 'forgetting' to submit a warranty claim to Nissan leading to a four week delay in resolving a gearbox issue. You'd have just not mentioned any of it though I presume?

Didn't say the crack couldn't be seen, just that it was less obvious - my wife is only 5'1" though, god chance the other driver was significantly taller and better placed to spot it.

recordman

443 posts

154 months

Monday 7th April 2014
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yellowjack said:
I got the screen swapped pretty quick, and only a week or so later, I got another stone strike, in a similar situation. This time in heavy traffic, so despite the fact that I was fired up to give chase (no livery on the tractor unit to report) there was no opportunity to turn around, nor could I have caught up to the truck in such heavy traffic. I had to suck it up, and pay the excess a second time.
What did you intend to do then? Knock on the cab door and demand payment for a new screen. What do you think the driver or his employer's response would be?

yellowjack

18,436 posts

195 months

Monday 7th April 2014
quotequote all
recordman said:
What did you intend to do then? Knock on the cab door and demand payment for a new screen. What do you think the driver or his employer's response would be?
What did I intend to do? Why, require a replacement screen at their cost, due to carriage of an insecure load, of course tongue out

The employers response would determine whether or not I snuck into their yard and reciprocated the damage in the wee small hours. wink

Or maybe it was an instantaneous desire to extract revenge, which thankfully couldn't be pursued and quickly subsided. yes

Maybe I'm hunting you down as we speak, with a view to 'making you pay' for questioning my judgement. nono

Maybe I posted a true recollection of an event which really occurred. Or, maybe, just maybe, I'm spouting a load of complete bks, and inventing anecdotes because this is, after all, "The Internet", a wonderful place that exists, but doesn't, where anyone can pretend to be anything they wish...

...seriously, though. You're over thinking it. I didn't chase him, and just got the repair done on my insurance, by coughing up my excess. Had I pursued him, it would very soon have become apparent that it's hard, when driving a family car, to intimidate a fat sweaty oaf in a 40 foot tipper carrying tonnes of aggregate, and I'd have given up and gone home to post drivel on the internet about it. It's how life works these days, isn't it? moan

recordman

443 posts

154 months

Monday 7th April 2014
quotequote all
yellowjack said:
...seriously, though. You're over thinking it. I didn't chase him, and just got the repair done on my insurance, by coughing up my excess. Had I pursued him, it would very soon have become apparent that it's hard, when driving a family car, to intimidate a fat sweaty oaf in a 40 foot tipper carrying tonnes of aggregate, and I'd have given up and gone home to post drivel on the internet about it. It's how life works these days, isn't it? moan
No, I wasn't over thinking it. I was intrigued, because whenever I've had a 'screen broken by a thrown up stone I know that it wasn't my fault, therefore it must be someone else's fault and I would dearly love to pursue the offender. Therefore I wondered if you had a foolproof way of getting the wretched stonethrower to cough up. Can we sue the councils for failing to sweep their roads?