Faulty Windscreen
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Jakg
Posts: 2,265 Forumite
Had a new windscreen fitted to my car just over 3 months ago (not an insurance job).
Got in my car yesterday and the mirror came off in my hand, and took a chunk of glass with it (i.e. the glue didn't fail, the glass did).
Spoke to the company and sent them some pictures but as far as they are concerned it's user damage as it must of been hit by something and will not replace it - just offered me paying £170 for another replacement.
I know it's not been damaged but the company aren't having any of it.
As it's within 6 months, I assume SOGA is on my side. But how can they "prove" it was user damage?
I'd be happy with a replacement (I think it's bad glass rather than bad workmanship) but a refund would also work. I don't think it's possible to repair damage as a sizeable layer of glass has been removed.
Is it just a case of sending a "standard" SOGA letter or does the allegation of user damage muddy the waters?
Pictures here.
Got in my car yesterday and the mirror came off in my hand, and took a chunk of glass with it (i.e. the glue didn't fail, the glass did).
Spoke to the company and sent them some pictures but as far as they are concerned it's user damage as it must of been hit by something and will not replace it - just offered me paying £170 for another replacement.
I know it's not been damaged but the company aren't having any of it.
As it's within 6 months, I assume SOGA is on my side. But how can they "prove" it was user damage?
I'd be happy with a replacement (I think it's bad glass rather than bad workmanship) but a refund would also work. I don't think it's possible to repair damage as a sizeable layer of glass has been removed.
Is it just a case of sending a "standard" SOGA letter or does the allegation of user damage muddy the waters?
Pictures here.
Nothing I say represents any past, present or future employer.
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Comments
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Had a new windscreen fitted to my car just over 3 months ago (not an insurance job).
Got in my car yesterday and the mirror came off in my hand, and took a chunk of glass with it (i.e. the glue didn't fail, the glass did).
Spoke to the company and sent them some pictures but as far as they are concerned it's user damage as it must of been hit by something and will not replace it - just offered me paying £170 for another replacement.
I know it's not been damaged but the company aren't having any of it.
As it's within 6 months, I assume SOGA is on my side. But how can they "prove" it was user damage?
I'd be happy with a replacement (I think it's bad glass rather than bad workmanship) but a refund would also work. I don't think it's possible to repair damage as a sizeable layer of glass has been removed.
Is it just a case of sending a "standard" SOGA letter or does the allegation of user damage muddy the waters?
Pictures here.
A bit of an unfortunate situation you are in; the damage however, is consistent with the mirror assembly being knocked whilst it was attached to the glass.
The design of this particular mirror is such that it should - and would normally - 'pop off' from the round fixing plate (known as a boss) if it was disturbed with a mild impact. Anything harder, and the mirror will effectively snap off, with the boss. The boss is - or should be - bonded to the glass with a very strong adhesive; this bond will not separate, and therefore if the boss did come off, it is because either the bond has failed, or it has effectively broken off with a 'shell' of glass attached to it (which is what you appear to have).
In my opinion, if the glass was damaged behind the boss prior to (or during) fitting of the windscreen, it would have come off almost as soon as the mirror assembly was introduced to it. The mirror assembly is quite weighty and relies on a spring-loaded clasp to remain in place.
Moving forward, the screen is salvageable, and I have successfully managed to fix this kind of problem many times.0 -
Is it just a case of sending a "standard" SOGA letter or does the allegation of user damage muddy the waters?
Pictures here.
It's a standard SOGA letter, they can allege what they like but as it's less than 6 months since they fitted it they have to prove it.
The only problem is that if they are not cooperative you might have to take them to Court or Trading standards to get an adequate solution.0 -
It's a standard SOGA letter, they can allege what they like but as it's less than 6 months since they fitted it they have to prove it.
The only problem is that if they are not cooperative you might have to take them to Court or Trading standards to get an adequate solution.
The OP has posted pictures of damaged glass, ie, damage consistent with some sort of stress or impact. In this case, if it was stress, ie, a defect in the glass - or how it is fitted - it would result in a crack. A piece of glass wouldn't just break off like that, not unless the boss (or mirror assembly whilst attached to it) was stressed or impacted in some way.
Jakg - how much time lapsed between signing off the completed job and this incident?
There is one possible scenario which might fit the bill here, but I'd like to know a bit more background, please.0 -
3 months 3 days.Jakg - how much time lapsed between signing off the completed job and this incident?
I can understand that if it were to be hit the damage might look consistent with this. But I can assure you it's not been - but I have no way of proving that.Nothing I say represents any past, present or future employer.0 -
3 months 3 days.
I can understand that if it were to be hit the damage might look consistent with this. But I can assure you it's not been - but I have no way of proving that.
I understand how frustrating this is if you are sure that nothing AFAYK has hit the mirror, but +3 months rules out what I was thinking.
My (25 years) experience in the trade as fitter, technician, business owner and industry writer is that this damage is consistent with impact. It'll be extremely difficult to prove otherwise.
If you said this happened the first time you got in the car after the replacement, and that it happened as soon as you went to adjust the mirror, you might have had a better chance within that short time frame.
The screen is not a total loss. It can be repaired.0 -
Is it something doable with some mirror adhesive and some patience (re-attach glass chunk, then re-attach mirror to area slightly offset to avoid damage) or something that I need to talk to a proper windscreen company about?The screen is not a total loss. It can be repaired.
(I still need to try the legal route first)Nothing I say represents any past, present or future employer.0 -
Is it something doable with some mirror adhesive and some patience (re-attach glass chunk, then re-attach mirror to area slightly offset to avoid damage) or something that I need to talk to a proper windscreen company about?
(I still need to try the legal route first)
Most windscreen companies will try and sell you a new screen. There is no adhesive available via retail outlets that is up to the job IMHO. Many different types are sold, but they are no match for the proper stuff.
If we can cross paths somewhere, I'll do it FOC. (I'm based near J23 M25, but do get about a bit).
IMHO, you're wasting energy, time and resources pursuing a legal angle on this.0 -
I sent them a letter and just received a response saying effectively "we won't do anything unless you have an independant report showing the glass is at fault".It's a standard SOGA letter, they can allege what they like but as it's less than 6 months since they fitted it they have to prove it.
The only problem is that if they are not cooperative you might have to take them to Court or Trading standards to get an adequate solution.
As it's within 6 months from purchase I thought that they need to prove it's NOT faulty, not the other way round.
Worth sending another letter outlining this, or just going straight to a letter before action?Nothing I say represents any past, present or future employer.0 -
Providing that you paid with a credit card then you also have the option of attempting a Section 75 claim.
If you can try this, it would be worth stating that as the windscreen company is attempting to ignore their SOGA obligations, you have decided to pursue the credit supplier instead and this may prompt them to arrange for an independent inspection to be carried out.0 -
I sent them a letter and just received a response saying effectively "we won't do anything unless you have an independant report showing the glass is at fault".
As it's within 6 months from purchase I thought that they need to prove it's NOT faulty, not the other way round.
Worth sending another letter outlining this, or just going straight to a letter before action?
It's six months down the road, and clearly broken glass, consistent with an impact. I've been in the windscreen business for a quarter of a century.
Draw a line under it and move on.0
This discussion has been closed.
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