Dealer Crashed my car into a wall head on

john_white

Sooki wrote: »

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.

Why would she recieve 2k? It has been established that the car need serious work carrying out. It has not been establised that the 2k figure is with the gearbox work or not.

The OP does not want the car back.

In your mind then the OP gets 2k cash, great, then needs to find another 3k to buy the 5k car (or any other 5k car), or take the deal on the table of old car + 1.5k, meaning she is 1.5k better off than your plan. Both being open to haggling of course.

I'm all for the OP getting a good deal. But, they were prepared to spend 1.2k on repairs, they now have the chance to get full market value for their broken car (gearbox), which, based on the facts to hand seems like a very good deal (to the tune of £1200).

Chopper_Read

Sooki wrote: »

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.

You seem to be missing the fact the car needed £1200 worth of work.

photome

Sooki wrote: »

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.

In that analagy, would you expect to get the watch back in pristine condition and not pay for the £1200 worth of work, or get it back in pristine condition after paying the £1200

Sooki

Chopper_Read wrote: »

You seem to be missing the fact the car needed £1200 worth of work.

I'm not, she left the car with them in good faith to be returned in a fixed condition - they failed! It would have been worth 2k if they had done it, but are now expecting her to be out of pocket for them smashing it up.

Any one who thinks it's ok to smash up other people's property that has been left in their charge and the owner to be out of pocket and inconvienced for the experience has got some morality issues IMHO.

Sooki

photome wrote: »

In that analagy, would you expect to get the watch back in pristine condition and not pay for the £1200 worth of work, or get it back in pristine condition after paying the £1200

The latter.

They haven't carried out the work and returned the car in its original but fixed condition though, which is what they must of been contracted to do.

custardy

Sooki wrote: »

I'm not, she left the car with them in good faith to be returned in a fixed condition - they failed! It would have been worth 2k if they had done it, but are now expecting her to be out of pocket for them smashing it up.

Any one who thinks it's ok to smash up other people's property that has been left in their charge and the owner to be out of pocket and inconvienced for the experience has got some morality issues IMHO.

The OP isnt out of pocket.
They can put £1.2K towards the resolution and still not be any worse off than before
The condition of the car will be considered with an insurance payout. morality isn't at question here.
its basic numbers as I listed earlier.
The OP was the one to favour a £5K car
We dont even have answers to questions on what car it is etc,so a £2K valuation could be pie in the sky
Im all for being compensated. however a £5K car is an unreasonable expectation
had they offered the £1.2K car,then maybe,but it would still be a good deal for them(if it fitted their needs)

Chopper_Read

Sooki wrote: »

I'm not, she left the car with them in good faith to be returned in a fixed condition - they failed! It would have been worth 2k if they had done it, but are now expecting her to be out of pocket for them smashing it up.

Any one who thinks it's ok to smash up other people's property that has been left in their charge and the owner to be out of pocket and inconvienced for the experience has got some morality issues IMHO.

So the car was worth £800 when they crashed it.

Sooki

custardy wrote: »

Im all for being compensated. however a £5K car is an unreasonable expectation

With this I agree, but it's a good point to start negotiations from.

john_white

Sooki wrote: »

I'm not, she left the car with them in good faith to be returned in a fixed condition - they failed! It would have been worth 2k if they had done it, but are now expecting her to be out of pocket for them smashing it up.

Any one who thinks it's ok to smash up other people's property that has been left in their charge and the owner to be out of pocket and inconvienced for the experience has got some morality issues IMHO.

You are forgetting one major point.

The garage have said they would repair the car, but it is the OP who does not want it repaired.

You could argue that a 2k car with the front rebuilt would be in better condition than when it was left with them (assuming a quality repair). From here the OP could also haggle on the £1200 bill for the gearbox, for example the car is woth less now, inconveinience etc. etc. but ultimately if the OP kept it for a a couple of years it would be worth less anyway.

No one has said it's OK to smash it up, just making sure the OP doesn't get carried away thinking the accident should mean they get a car worth several thousand pounds in compensation.

masterlumps

Hodi wrote: »

Totally agree do not expect something newer than mine but I don't also want to pay out in the long run as bigger engine means higher insurance. I even said I would wait and drive their courtesy car indefinitely.

you are trying to get a 2008 car when the car you have is a 54 plate which is 2004/2005 - so AT LEAST 3 years newer than yours