Car damaged at garage - what are my rights?

retiredhobbit

Any advice would be greatly appreciated on how i should proceed with the following situation!

Today, I took my car to have 2 new tyres fitted at a garage (I had reserved the tyres yesterday, I was told there were two left). I have used the garage before, but not for my current car - it is not a big franchise but is also not a one-off backstreet mechanic either. The mechanic asked me to drive the car in, and guided me to drive onto the full car jack (I have done this before, but appreciate at most big garages they would do this for you).

Anyway, basically to cut the story short, on attempting to get up the ramp onto the jack, the ramp slipped and the car dropped onto the frame of the jack entirely pulling off the front bumper and driver headlight. They attempted to push the bumper back on, but the clip to one side is broken as was the bracket for the headlight (i.e. although not yet determined, probably going to need a new bumper and headlight circa £1,000+).

They didn't say anything regarding the damage, and to make matters worse didnt actually have the tyres! I had my young children with me at the time so was unable to hang about having an argument about it, so left (bumper taped on). I phoned my insurance company, and they said to speak to them first to ascertain their insurance and liability. The branch manager said he would need to speak to his supervisor/insurance to determine liability (basically didnt want to admit/say anything) and said he would phone back Monday (garages closed tomorrow).

So my problem is this - are they responsible for the repair of my vehicle? I know I was driving but surely being on their property and for their insurance I should not be doing so? (i.e. no proper training, health n safety etc)

Also, to add to the matter, the ramp that slipped was a wooden modified ramp that looked like they had constructed and not an actual part of the metal mechanic jack itself. Bsically, they deal a lot with bigger lorries/vans, and I guess for cars due to low bumpers the clearance for the frame is not sufficient and low cars especially may get stuck. So to circumvent this. they have used to wooden gentle sloping ramps that sit under the actual metal one to give clearance. It was actually this modifed ramp that slipped bacward, thereby dropping the car onto the frame. Is such equipment allowed, and do I have grounds for stating the equipment is not fir for purpose and they have been negligent?

They may cooperate and front the bill independent of insurance, but I was hoping for some advice on what ppl think my standing is, and how best to proceed. Any things I could accuse them of if they refuse liability would be useful. Note to add,, I dont have any photo evidence etc, it will be their word and mine, although its plain to see their jack cannot cope with low cars without the ramp even if they now hide the wooden ones!

Many thanks, look forward to some insight.

forgotmyname

May take a few letters but you should be able to claim from them.

Make sure your happy with the garage thats going to do the work. Dont get fobbed off that you must use theirs which is miles away.
You want somewhere local.

spiro

Did you think to take any photos of the DIY ramp modification? They would be useful if the get snotty about paying. If you didn't try and get some asap in case they remove them.

colino

I'm surprised they let you leave without full assurances your car will be fixed as good as new.
It's unlikely their insurance will cover them for you driving on to the ramp. They definitely wont be covered for the use of a home made wooden ramp and by the sounds of it, they won't have kept their equipment regularly maintained, inspected and approved.
Are you sure they aren't back street chancers? Even taping the bumper on will likely cause further damage (wing paintwork) than doing a better, temporary repair.
Get them to agree to them paying directly a local bodyshop to repair properly. You may be lucky and it's only a couple of clips and a mop over.

retiredhobbit

thanks for the replies. unfortunately i didnt have any means to take any photos, and had my young children with me at the time so was thinking on my feet! they arent exactly kwikfit but they have been around for 40 years plus, family run business with 2 outlets. will be interesting to see what they have to say tomorrow, fairly sure they know of their shortcomings so hopefully will be cooperative

retiredhobbit

an Update:

Garage have not questioned liability, and said they have a bodyshop that they use, so could I take the car there to asses the damage. Happy to do this, but am also thinking I will take it to a dealer for their opinion - is this the advised strategy?

colino

I'd just use the bodyshop they use, probably the same one the dealership use too, and you can assess the quality of the repair when it's done.