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Windscreen repair results in damaged car

I just wondered if anyone had any advice... sorry it's a bit long...

I had my car windscreen replaced at the end of last year (by large, and probably the best known company). They didn't seal it properly, and a couple of weeks later, I got in my car after a few rainy days... it was full of water (puddles in the footwells) and then the dashboard stopped working, the fan blower stopped working etc etc,

Long battle to get them to fix the screen (took a week for technician to come out). Then battle to get them to agree to repair the damage. Nearly two grand later and over a month since the process began, they have paid for the car to be repaired at a dealer. It's reset my mile-ometer due to new dash and the damage... which I assume isn't good if I sell the car...

I had to have a hire car as dealer had no spare courtesy cars during the repair. At first, before the repairs, AG told me I would have to go to my own insurance and ask for a courtesy car, but magically, they were able to arrange one when the dealer couldn't. By this stage I had had a car that couldn't be driven over Christmas and the New year as the dials stopped working. I'd been reliant of my partner for lifts to work etc...

My question/ plea for advice relates to... I paid (I've never had a hire car before) the excess waiver, as the excess was well over twice that of my insurance. I asked AG to refund this (£60) as being faced with a very high excess was a direct consequence of their faulty repair. I hoped that given the considerable inconvenience they caused, that they might just do it quickly... but no...

Has anyone experienced this sort of problem/have any suggestions?

Thanks

Comments

  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Tbh I don't fancy your chances on this one.

    Unless the CDW was mandatory, its not a loss caused by their negligence.

    To explain, the CDW is to limit your liability should the car become damaged while hired by you - either through your own negligence or third party negligence.

    If someone else was liable for the collision then you could chase them for your losses. If you were liable, then you would bear the cost - you're effectively asking them to pay for the insurance for your own negligence (iyswim - not saying you're negligent!).

    You may however be able to claim for any difference in value to your car that is a result of their breach.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • naedanger
    naedanger Posts: 3,105 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 1 February 2016 at 2:43AM
    ajh132 wrote: »
    I just wondered if anyone had any advice... sorry it's a bit long...

    I had my car windscreen replaced at the end of last year (by large, and probably the best known company). They didn't seal it properly, and a couple of weeks later, I got in my car after a few rainy days... it was full of water (puddles in the footwells) and then the dashboard stopped working, the fan blower stopped working etc etc,

    Long battle to get them to fix the screen (took a week for technician to come out). Then battle to get them to agree to repair the damage. Nearly two grand later and over a month since the process began, they have paid for the car to be repaired at a dealer. It's reset my mile-ometer due to new dash and the damage... which I assume isn't good if I sell the car...

    I had to have a hire car as dealer had no spare courtesy cars during the repair. At first, before the repairs, AG told me I would have to go to my own insurance and ask for a courtesy car, but magically, they were able to arrange one when the dealer couldn't. By this stage I had had a car that couldn't be driven over Christmas and the New year as the dials stopped working. I'd been reliant of my partner for lifts to work etc...

    My question/ plea for advice relates to... I paid (I've never had a hire car before) the excess waiver, as the excess was well over twice that of my insurance. I asked AG to refund this (£60) as being faced with a very high excess was a direct consequence of their faulty repair. I hoped that given the considerable inconvenience they caused, that they might just do it quickly... but no...

    Has anyone experienced this sort of problem/have any suggestions?

    Thanks

    My view is that you have a right to a hire car where the excess is no higher than that on your existing car. Otherwise you are in a worse position than you would have been had your car not been damaged by the other party's botched repair. In other words the replacement car should be at least as satisfactory as your own car, included in its level of insurance cover.

    It seems the £60 you paid actually puts you in a better position compared to your own car. However unless there was an alternative, where you could pay less than £60 and have the same level of excess as on your own car, I think the other party should pay the full £60.

    I also agree with the comment that you should (in theory at least) be able to claim for the expected loss on the resale value allowing for when you expect to sell the car. (So if you planned to keep the car until it is scrap then the loss would be zero, assuming the repair does not limit the car's lifetime. Whereas if you were planning to sell the car immediately the loss would be the amount the repaired car's current resale value is less than the value of the car had it never suffered any damage.) The problem will be getting the other party to agree in principle and then agree a figure.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    You should have mitigated your losses for starters by shopping around. You insured yourself because of the risk you pose, I doubt you have rights here
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    And it would be a perceived loss when it comes to selling it, you can't prove you could have got more. Loads of cars have new dials and it recorded in the service history
  • naedanger
    naedanger Posts: 3,105 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    arcon5 wrote: »
    You should have mitigated your losses for starters by shopping around. [
    My reading of the op's post is that the other party chose the hire car company.
    You insured yourself because of the risk you pose, I doubt you have rights here

    If your fully comprehensively insured car was put out of action by another party's fault would you be happy if you were given a car hire replacement that only came with third party insurance?
  • The incorrect mileage can be reset.

    Google might help.
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