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Car damage by garage-denies liability

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Car went for mot at garage. When collected and driven home,found to have paint damage consistent with splashed brake fluid/nitromoors or similar. Phoned garage..they stated that they had noted the damage but it must have been there on arrival as they didnt cause it. I know it wasnt there when i drove it to the garage as the car is pristine and i would have noticed. also the substance still had some stickiness to it consistent with recent damage.

Manufs main dealer also confirmed possible brake fluid/nitro splash as did repairs workshop.

Expensive paint repair required

Legal claim will rest on balance of probabilities.

First decision...pay myself and try to pursue to recover via legal insurance which i paid for with my car insurance and/or through small claims court

Let insurance co pick up tab for repair and pursue. If they fail,i submit small claim and let court decide.

If insurance pays, I'll lose NCD

This is my first ever claim

In the world of insurance competition,is it likely that if i renew with another company,the insurance will rise significantly or will they mitigate slightly or even discount the claim to get new business?

ta
Feudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..

Comments

  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have you tried polishing out a small bit, it may not be as bad as you think.
  • It really is a waste of time pursuing the garage without some sort of proof that they did the damage and even more that they were neglient in doing so.
  • gordikin
    gordikin Posts: 4,422 Forumite
    So you are saying that you would have noticed the damage before you drove it to the garage but yet didn't notice the damage before you drove it home?
  • C_Mababejive
    C_Mababejive Posts: 11,668 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    gordikin wrote: »
    So you are saying that you would have noticed the damage before you drove it to the garage but yet didn't notice the damage before you drove it home?
    Yes,,simply becuase i have to walk round my car to get in it in the morning due to the way it is parked on my drive. I also had to spend time clearing rain/mist from rear and side windows before driving off first thing. On collection,there was no expectation that anything would be wrong and i simply got in and drove.
    Feudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..
  • C_Mababejive
    C_Mababejive Posts: 11,668 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    It really is a waste of time pursuing the garage without some sort of proof that they did the damage and even more that they were neglient in doing so.
    I know what your saying..and i guess that makes us all vulnerable. Presumably garages can damage your car and just deny everything? If tested in court,which i hope it will be,it will be down to balance of probabilities..so 50/50 on the day..
    Feudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..
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