Car Damage - No Win No Fee?

Equaliser123

They don't actually have to prove what caused it. You have to prove that they caused it.

Assuming that the claim is for less than £5k it will be in the small claims court so you can't use a solicitor unless you are prepared to pay for them even if you win. There are very rarely costs awards.

Which helps you. They won't want to defend a small claims action. So proceed, issue a summons and let them defend it.

Equaliser123

Oh, also agree with Crazy Jamie that res ipsa loquitur will help here. Technically you would need to prove that the damage was not there prior to the wash and was afterwards. However, if you can convince the judge of that, then you won't have to actually prove that they have been negligent as the facts speak for themselves.

DJS1988

This is my slight worry. Obviously I know full well there was no damage to my car (which I look after so much, it's the one thing I've spent a lot of money on!!), and I reported the incident right away.

I'm at a loss if a judge asks me to proove it though?

Crazy_Jamie

DJS1988 wrote: »

I'm at a loss if a judge asks me to proove it though?

It is worth adding that small claims actions very often win and lose based on the credibility of the witnesses. It is obviously unduly onerous on you to prove that you car wasn't damaged before using the car wash; unless you have a picture of your car in the days before the incident you clearly are going to be in difficulty. Realistically your evidence in that regard comes from you and anybody else who could verify that damage was caused in that incident. If you give evidence in Court that the damage was caused in the incident and the judge believes you then that should be sufficient.

unholyangel

Couldy he apply to the garage and ask if they have cctv footage from that night?

It would be pretty solid evidence if he had video evidence of his car arriving at the garage with no damage.

Or the APNR photos you can get on your phone, are those dated? If there are any in his area of course.

As stated i've never used a automatic washer, but i think this thread has convinced me to take a "before" picture just in case - if i ever do use one!

DJS1988

My partner was in the car with me, but he I guess does not count as a reliable witness.

I'm going to look into the CCTV - my dad is a policeman so maybe able to help with this. The garage only have to keep it for 30 days.

I guess I just have to show all the evidence I have and that I am a decent human being and hope for the best!

Crazy_Jamie

unholyangel wrote: »

Couldy he apply to the garage and ask if they have cctv footage from that night?

Yes; if the garage still has the CCTV footage then that would be a disclosable document. However, as I understand it this happened a number of months ago, so chances are there is no longer CCTV footage of that day. Worth asking, though.

My partner was in the car with me, but he I guess does not count as a reliable witness.

On the contrary; use him. He's clearly not independent, but if your stories match in Court and you both come across as truthful then it would make your case much stronger.

my dad is a policeman so maybe able to help with this

No obvious criminal offence has been committed, so apart from flouting his position as a policeman (which is not advisable) your dad would have no special jurisdiction here. If there is CCTV evidence then the other side will have to disclose it in proceedings. As such you asking for it is the strongest persuasion you're going to get.

DJS1988

Thanks again Jamie (I wasn't suggesting my dad should get involved because he is police, just that he was advising me about how long companies have to keep CCTV etc).

Do you think me asking for the CCTV would be taken into account - as clearly thats me showing willing that I am prepared for anyone to see my car prior to this accident?

When I ask for this, and as mentioned earlier - where should this letter be directed to, the garage direct or their insurers?

Thanks,

Crazy_Jamie

DJS1988 wrote: »

Do you think me asking for the CCTV would be taken into account - as clearly thats me showing willing that I am prepared for anyone to see my car prior to this accident?

It would by no means be your strongest point, but it can't harm to mention it. Certainly you mentioning it in correspondence does show that you are keen to see it, which in turn would suggest that you expect it to be favourable. Can't harm.

When I ask for this, and as mentioned earlier - where should this letter be directed to, the garage direct or their insurers?

Deal with the insurers only from now on. If they need anything from the garage it is up to them to ask for it.

unholyangel

If this were a fair world, the fact that the garage and insurers didnt review the cctv footage to refute the claim should be seen as evidence enough.

Although DPA does state it should only be kept as long as necessary. Just fingers crossed its one of the garages that do keep footage for longer.

Failing that, anywhere else you go that has cctv that would keep the footage AND would be willing to hand it over if requested?