Help!! Car written off on test drive!
Discussion
So it's been an entertaining morning.
I went to look at a 350z at a trader, looked great but had a flat battery.
Trader goes off and jumps he car, shuts the bonnet and off we go on the test drive with me at the wheel.
As we're heading back, to the guys house, the bonnet flips up, bends the wings and dents the bonnet and roof.
I stopped the car safety and didn't hit anything but he's gone crazy at me telling me that it's my fault and I got to buy the car! Needless to say I said no and it was his fault for not putting the bonnet down properly.
I gave him my name and address but he refused to give me his details, saying that I didn't the damage and shouldn't have to give me any details.
Decided to call 101 to ask a police mans thoughts on the matter, he said it was the guys fault for not shutting the bonnet properly and it's a civil matter not an insurance matter and it's down to him not me to pay for it.
Is this correct? Please tell me it is cause the last thing I need right now is to loose my no claims!
The guy said he will contact his solicitor and see me in court!
I went to look at a 350z at a trader, looked great but had a flat battery.
Trader goes off and jumps he car, shuts the bonnet and off we go on the test drive with me at the wheel.
As we're heading back, to the guys house, the bonnet flips up, bends the wings and dents the bonnet and roof.
I stopped the car safety and didn't hit anything but he's gone crazy at me telling me that it's my fault and I got to buy the car! Needless to say I said no and it was his fault for not putting the bonnet down properly.
I gave him my name and address but he refused to give me his details, saying that I didn't the damage and shouldn't have to give me any details.
Decided to call 101 to ask a police mans thoughts on the matter, he said it was the guys fault for not shutting the bonnet properly and it's a civil matter not an insurance matter and it's down to him not me to pay for it.
Is this correct? Please tell me it is cause the last thing I need right now is to loose my no claims!
The guy said he will contact his solicitor and see me in court!
Absolutely not your fault.
1: Bonnet catches fail; a 350Z is anywhere between 5 and 14 years old - metal rusts, stuff breaks
2: He was the last one to close the bonnet
3: You were in the drivers' seat at the time
He can claim it off his insurance; if you get a call from his insurers saying he's blaming you, you stick to your guns and tell them exactly what happened. Bonus points if there's anyone willing to be a witness to the trader shutting the bonnet.
What an absolute arse.
1: Bonnet catches fail; a 350Z is anywhere between 5 and 14 years old - metal rusts, stuff breaks
2: He was the last one to close the bonnet
3: You were in the drivers' seat at the time
He can claim it off his insurance; if you get a call from his insurers saying he's blaming you, you stick to your guns and tell them exactly what happened. Bonus points if there's anyone willing to be a witness to the trader shutting the bonnet.
What an absolute arse.
Yep, civil matter and he has little or no chance in small claims court. Quick question, did you take any pictures of the damage? Also, make sure that you right down as much detail re exactly what happened from the moment you arrived to leaving, including details of what was said. If the ejit does start any proceedings having an accurate account of what occurred will be useful, beats trying to recall all the info in several months.
Dr Interceptor said:
Suspect there somewhere is a trader panicking because he doesn't have any kind of trade insurance.
Relax OP, it's not your fault. If he drags you into court, there's no way in the world that any judge would find in his favour.
My thoughts exactly. Relax OP, it's not your fault. If he drags you into court, there's no way in the world that any judge would find in his favour.
It would make for a comedy, and very embarrassing, court case for him if it ever got that far ( which it wouldn't).
I only gave him the my details because after it happened he said, buy the car or I'll call the police, so I said, go ahead, call them, he phoned 999, they said, basically, stop bothering us, it's not an accidents, just swap details and let your insurance sort it out. I just complied because that's what they police said to begin with.
I could tell he was nervous, he even said to me to drive to a body shop and just pay for the damage!
I feel so much better now, was funny though, when he was talking to the police, he told them I was doing 70 in a 30, lost control, hit a kerb and that's why the bonnet flew up......
I could tell he was nervous, he even said to me to drive to a body shop and just pay for the damage!
I feel so much better now, was funny though, when he was talking to the police, he told them I was doing 70 in a 30, lost control, hit a kerb and that's why the bonnet flew up......
jonsmart said:
I only gave him the my details because after it happened he said, buy the car or I'll call the police, so I said, go ahead, call them, he phoned 999, they said, basically, stop bothering us, it's not an accidents, just swap details and let your insurance sort it out. I just complied because that's what they police said to begin with.
I could tell he was nervous, he even said to me to drive to a body shop and just pay for the damage!
I feel so much better now, was funny though, when he was talking to the police, he told them I was doing 70 in a 30, lost control, hit a kerb and that's why the bonnet flew up......
If that was really what he said, I wouldn't have given him any further information and buggered off.I could tell he was nervous, he even said to me to drive to a body shop and just pay for the damage!
I feel so much better now, was funny though, when he was talking to the police, he told them I was doing 70 in a 30, lost control, hit a kerb and that's why the bonnet flew up......
I wouldn't sweat it personally.
jonsmart said:
I feel so much better now, was funny though, when he was talking to the police, he told them I was doing 70 in a 30, lost control, hit a kerb and that's why the bonnet flew up......
Were you driving the car under his insurance cover or under yours?If you covered it on yours he might spin this line to your insurance company.
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