Is this worth going to Small Claims Court

Equaliser123

vaio wrote: »

Spot on, unless the garage was negligent (in the legal sense) then they have no liability.

If one of the mechanics had set fire to the garage whilst welding then that's negligent but you might struggle to prove negligence if it was external arsonists.

Don't agree with this. The garage was responsible for the safe custody of the OP's property. Bailment.

The garage ought to have had insurance against the material risk of a fire, theft, etc. They didn't.

As others have said, enforcing rights against an individual with no insurance will be difficult. Worth investigating further though.

arcon5

vaio wrote: »

Spot on, unless the garage was negligent (in the legal sense) then they have no liability.

If one of the mechanics had set fire to the garage whilst welding then that's negligent but you might struggle to prove negligence if it was external arsonists.

Rubbish. Negligence has nothing to do with it. They would be responsible for the goods whilst in their possession irrespective.

vaio

Bailment only places a duty to take reasonable care of the bike, I still think the OP is going to struggle given that the damage was caused by external arsonists.

neilmcl

vaio wrote: »

Bailment only places a duty to take reasonable care of the bike, I still think the OP is going to struggle given that the damage was caused by external arsonists.

Exactly, no one is saying the garage owner doesn't have a duty of care to the OP, but in order for them to be found liable a court must show they didn't take reasonable care, or in this case the "bailee" can show that the loss or damage to the OP's goods was not their fault.

zenmaster

I would have thought that having no insurance is negligence and lacking in due care in itself.

Whether they would have any assets worth suing for is another matter.

paddyrg

Whatever, OP, if you do decide to punt £50 on small claims action, get in before everyone else - the other peoples insurance companies won't leave a lot for you to chew on if they get there first.

withabix

trampy68 wrote: »

I've had my motorcycle in for repair at a local mechanics, it was on SORN so not insured.

how did you get it there?

Hintza

withabix wrote: »

how did you get it there?

Pushed it, rode, it, put it on a trailer, put it in the back of car/van.

Who cares, not relevant.

neilmcl

withabix wrote: »

how did you get it there?

As above, how's this relevant other than some feeble attempt point score.

neilmcl

zenmaster wrote: »

I would have thought that having no insurance is negligence and lacking in due care in itself.

I'm pretty certain it isn't.

The question that has to be asked is purely related to the damage/loss itself, ie, was the garage owner negligent or didn't act reasonable in preventing the goods in his possesion from being damaged or lossed. The fact that they had insurance or not doesn't come into it.