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Car damaged by Builders

I hope someone can help, I'm not really sure where best to post this thread so have settled for here...


Where I live, behind our visitor parking area is a timber hoarding and immediately behind this is a building site. Ten weeks ago I parked my partner's car here, I didn't need the car for a couple of days, when I went back to it I noticed that it had been extensively covered in cement. I can't be 100% sure which day this occurred but by the time I discovered it the cement had set and is impossible to remove.


I managed to contact the site foreman, he viewed the car with me and put me in contact with his boss, who is the project manager. I've been chasing this guy these whole ten weeks trying to get him to sort out his insurance so the car can be re-sprayed.


It had all gone a bit quiet and then finally yesterday an email came from the solicitors acting on behalf of the project managers explaining that their insurance was satisfied that the fault is that of the bricklayers and I should contact them.


So I contacted the bricklayer today by phone (as I had no email address). He was extremely defensive straight away and has basically admitted that it was his cement but that the scaffolding wasn't sheeted adequately and therefore as far as he is concerned the fault is with the scaffolders.


I don't know what to do now - two separate body shops have told me that the damage will cost around £4k to repair (complete re-spray of Audi A4). In the meantime the car is still covered in cement ten weeks on. I don't want to pay out £4k and I don't want to claim on insurance.


I feel like I'm just going to get passed around in circles. If I go to small claims who would I claim against? The bricklayer and scaffolders must be sub-contracted in - So maybe I should claim against the developer?


HELP :(
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Comments

  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Who owns the land?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Is it possible the damage was caused by someone else? When I was younger some local kids got into a building site and got hold of cement and smeared it all over the bonnets and doors of a few cars parked just outside.

    You would be better claiming off your insurance and letting them chase whoever they want for payments you are setting yourself up for a very difficult and stressful battle otherwise and may not get the results you want unless you can pinpoint exactly who was at fault and that they were negligent.
  • System
    System Posts: 178,412 Community Admin
    10,000 Posts Photogenic Name Dropper
    I'd always advise only buying cars at the end of their life with 1 year MOT on it, because they're guaranteed to be vandalised or broken into or reversed into at some point, and if its an old banger and the mot fails you can just scrap to get some Monet back
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • vuvuzela
    vuvuzela Posts: 3,648 Forumite
    I'd always advise only buying cars at the end of their life with 1 year MOT on it, because they're guaranteed to be vandalised or broken into or reversed into at some point, and if its an old banger and the mot fails you can just scrap to get some Monet back

    Laudable, but deeply unhelpful to the OP.
    Also, what if you want a Picasso back ?
  • System
    System Posts: 178,412 Community Admin
    10,000 Posts Photogenic Name Dropper
    I suppose best thing is trying to resolve it as they are, wouldn't get hopes up too much as proving anyting difficult and police don't do car crime
    I spent £2700 on a car for the isofix, but in future I wouldn't gamble much on a car, its a highly valuable item you can't protect too well. Suppose somebody has to buy new cars though
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • System
    System Posts: 178,412 Community Admin
    10,000 Posts Photogenic Name Dropper
    And if it costs 4k to get the car back you really have to wonder if that exceeds its value , ie ditch time, or put up with a problem
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • marleyboy
    marleyboy Posts: 16,698 Forumite
    10,000 Posts Combo Breaker
    Surely it is up to your insurance company to do all the running around of who is to blame for you, is that not what they are paid for in disputes like this?
    :A:dance:1+1+1=1:dance::A
    "Marleyboy you are a legend!"
    MarleyBoy "You are the Greatest"
    Marleyboy You Are A Legend!
    Marleyboy speaks sense
    marleyboy (total legend)
    Marleyboy - You are, indeed, a legend.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I'd always advise only buying cars at the end of their life with 1 year MOT on it, because they're guaranteed to be vandalised or broken into or reversed into at some point, and if its an old banger and the mot fails you can just scrap to get some Monet back

    and where all these cars come from if everybody starts doing this...............
  • pinkshoes
    pinkshoes Posts: 20,656 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    How much is your car worth?

    I would contact your insurance and let them deal with it. Let them know that the brick layer has already admitted it is their cement, but are blaming someone else for how it got onto your car. Give them all the relevant contact details.

    I assume it might be too late to now seek any cctv in the area that might shed some light in the matter?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • System
    System Posts: 178,412 Community Admin
    10,000 Posts Photogenic Name Dropper
    If there is CCTV the police will still want to know the time it happened, otherwise they won't bother looking at it
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
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