help does anyone know what we should do??

misstique_2

hi everyone
my boyfriend left his car on mon mornring at a garage in rotherham to be repaired, he phoned the garage on mon about 2pm to see if he could pick it up yet as we live in sheffield and the flooding had just started they told us to leave it there for the night and to picket up the next mornring!
but im sure you know whats comming next! yes the garage flooded and his cars wrecked !!! they rang us today saying that we need to ring our insurence about the car but surly it should be them who pays as if i had picked it up and parked it outside my house it would have been fine !!!
as you can guess my boyfriend is like a five year old child stamping his feet as his favorite toy is wrecked what do i do ???

gazza975526570

My view is there is nothing that you can do other than make the claim through your own car insurance.

The garage cannot be held responsible for the flood damage - they havent shown any negligence.

Im afraid its just one of those things - and thats exactly what nsurance is there for

mattymoo

Disagree with foxyuk on this.

How could the garage have possibly protected your car against the floods? Was it within their control to prevent the flooding - I think not. You are going to be hard pressed to prove negligence.

Normally a garage does owe a duty of care to vehicles in their possesion. They need to take steps to prevent the car being stolen (perimeter fence / good key security) and prevent accidental damage to the car while in their care. However, nothing could have prevented the flood damage seen in Rotherham and their insurers would just tell you to claim on your own insurance.

foxyuk

mattymoo wrote: »

Disagree with foxyuk on this.

How could the garage have possibly protected your car against the floods? Was it within their control to prevent the flooding - I think not. You are going to be hard pressed to prove negligence.

Normally a garage does owe a duty of care to vehicles in their possesion. They need to take steps to prevent the car being stolen (perimeter fence / good key security) and prevent accidental damage to the car while in their care. However, nothing could have prevented the flood damage seen in Rotherham and their insurers would just tell you to claim on your own insurance.

there insurers will still persue the garage insurers as it was in there property and under there control at the time...

the garage is cover for this loss

gazza975526570

Im sorry i think you are incorrect.

No liability can be attributed to the garage unless you know something we dont.

If they had damaged the car themselves then obviously they have been negligent - as it isnt i fail to see how the OP has any choice other than to claim direct from their own insurer as a fault claim