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Dealer Crashed my car into a wall head on

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Comments

  • Lum
    Lum Posts: 6,460 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    dacouch wrote: »
    The Insurer is entitled to know if they ask if you've had any losses.

    It's feasible the claim would be recorded on the claims database if the garage pass the claim onto their Insurers or even if the garage self Insure

    Simple solution to this, ask the garage if they will be putting it through as an insurance claim.

    Every day people have accidents that are settled amicably without insurance involvement as it is mutually beneficial for both parties to do it that way i.e. cost of paying for the repair is less than the increased insurance premium and the victim is also better off for not having a reportable claim that they will end up paying for for no fault of their own.

    This one is on a somewhat larger scale than most, but the same principle applies. If the person seems trustworthy enough and is happy to pay for the damage out of pocket, keep the insurance out of it.
  • Paperbird
    Paperbird Posts: 301 Forumite
    dacouch wrote: »
    The Insurer is entitled to know if they ask if you've had any losses.

    It's feasible the claim would be recorded on the claims database if the garage pass the claim onto their Insurers or even if the garage self Insure

    So if your car was in for a service and the garage phoned and said they had scratched the wing but you could keep the courtesy car while they resprayed it free of charge you would be straight on to your insurance company. I don't think so. It's just the same but with a different bill for the garage.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    What I don't understand is why you've only offered a £500 contribution on the other car when you was going to spend £1200 on the repair anyway?
    Even £500 on top of the repair cost would see you in a desirable position
  • Sooki
    Sooki Posts: 240 Forumite
    Ninth Anniversary Combo Breaker
    edited 31 March 2013 at 7:24AM
    I must be missing something here.

    The car was left in their care to carry out work in good faith.

    The car sounds like it was written off by them before they did any work so they need to make good free of charge - which they have made a half hearted attempt to achieve and by the sounds of it are trying to get trade price on the new vehicle so they are not out of pocket (they did not achieve their side of the contract so so should not be charging for this). like for like is not an inadequate vehicle, I like the OP am a female of short stature and would never consider a vehicle which was not suitable or safe for me to drive - IMHO in true sales man style they have knowingly offered her something inadequate to force her hand into a sale so they can cover their costs - they are the ones who are responsible for this situation and are also experienced negotiators it is their trade and they will be taking full advantage of this and the OPs inexperience.

    OP please take photographs of the damage of your vehicle and the wall damage.

    I would be worried about the insurance aspect that is coming across, if the garage has an excess of 20 k the OP cars worth is now worth 20k less the damage to the wall and this is probably why they don't want the insurance involved. In the OP shoes this is where I would be negotiating from.

    Irrelevant to the work that was required the car is worth 2k to the owner and whatever the excess is to the garage and the OP should not be out of pocket financially with an issue that is not of her making, if she as every right to go through the insurance if they are not making things easy for her and putting her out why should she be helping them out of a pickle - why on earth should she be making it easy for them if they are not reasonably trying to make good the situation.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Sooki wrote: »
    I must be missing something here.

    The car was left in their care to carry out work in good faith.

    The car sounds like it was written off by them before they did any work so they need to make good free of charge - which they have made a half hearted attempt to achieve and by the sounds of it are trying to get trade price on the new vehicle so they are not out of pocket (they did not achieve their side of the contract so so should not be charging for this). like for like is not an inadequate vehicle, I like the OP am a female of short stature and would never consider a vehicle which was not suitable or safe for me to drive - IMHO in true sales man style they have knowingly offered her something inadequate to force her hand into a sale so they can cover their costs - they are the ones who are responsible for this situation and are also experienced negotiators it is their trade and they will be taking full advantage of this and the OPs inexperience.

    OP please take photographs of the damage of your vehicle and the wall damage.

    Ye, the whole thread by the looks of it!

    Who cares is they get trade deals or discounts, so long as ops restored to the same position as before! So if they can replace the £2k vehicle like for like and it only cost them £1k then it doesn't mater!!

    If op wants to be put in a better position before then why should op get this free of charge? Ops asking for a £5k vehicle when others have estimated her car to be worth £1,500 based on the pre-accident condition..... it is hardly a reasonable or realistic request.
  • lemontart
    lemontart Posts: 6,037 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    simple answer is for garage to actually find a car that is like for like not something bigger and more expensive to insure,
    I am responsible me, myself and I alone I am not the keeper others thoughts and words.
  • molerat
    molerat Posts: 35,053 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 31 March 2013 at 8:54AM
    For insurance purposes what is the "market value" of a "£1500" car that needs £1200 of repairs ? I think op needs to tread carefully on this because if the insurance companies get involved she could end up with a very low payout, her loss is only the market value of the car.
  • fto
    fto Posts: 588 Forumite
    So you have a 04 car that needs a new auto gearbox...so the value of the car must be below £400.They offered you a car in full working order & you rejected it.

    Talk about looking a gift horse in the mouth.
  • chrisw
    chrisw Posts: 3,840 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You are already looking at paying out £1200 and they seem to have been reasonable so far, so if it was me, I would be looking at offering up to £1200 for the 2008 car which you like. The 'compensation' is that you get a newer car with hopefully less issues for no extra money, the insurance companies don't get involved and don't need to know and you can move on and put it all behind you.
  • Sooki
    Sooki Posts: 240 Forumite
    Ninth Anniversary Combo Breaker
    arcon5 wrote: »
    Ye, the whole thread by the looks of it!

    Who cares is they get trade deals or discounts, so long as ops restored to the same position as before! So if they can replace the £2k vehicle like for like and it only cost them £1k then it doesn't mater!!

    If op wants to be put in a better position before then why should op get this free of charge? Ops asking for a £5k vehicle when others have estimated her car to be worth £1,500 based on the pre-accident condition..... it is hardly a reasonable or realistic request.

    If you took at watch to a jewellers to get fixed and they smashed it up how would you expect it to dealt with? I would expect it to be fixed to pristine condition or replaced with a new one or the value of a suitable replacement. Garages think they are beyond such things.

    If they were to go through insurance the car would be fixed to pristine condition or she would receive 2k probably the latter and the garage would be seriously out of pocket.

    They messed up and are trying to work it to their advantage - why shouldn't the OP try and work it to hers ? She is the one being inconvenienced after all - she has done nothing wrong.
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