Damage to car whilst in garage (but by another customer)

undercover_peon

Hi,

I've had an issue with damage to my car whilst it was in the garage. I have been advised by the garage that another customers car rolled backwards with the door open and it knocked the driverside mirror off.

The garage have checked the CCTV and they couldn't understand how it had happened and spotted what had happened. They said they need to contact the other customer to see if they can disclose his details to me.

This all sounded ok initially but, having thought about it, what if he refuses? I've been discussing it with a relative tonight and their opinion is that the garage have a duty of care even if it wasn't them who damaged it as it was on their premises.

I'm not certain of the legalities, I also am worried regarding the CCTV. I don't know if I have a right to see it so I was thinking something along the lines of requesting it in writing, and/or saying I view them as responsible as they aren't providing the information.

It would seem to me to be a reasonable and legitimate request to ask for the details in order that I can pursue the matter.

Any thoughts and opinions welcome. Could've done without this having forked out already for the work...

angrycrow

The simple answer is that the person responsible for the car that rolled into yours is the negligent party. If the owner of that car parked it and failed to secure the hand break he is responsible and his insurers will pay for your damage. If a garage employee had moved that car after the owner parked it the garage are responsible. The problem is getting the garage to co operate and release the footage. As you are not in the footage you can not argue disclosure under the terms of the data protection act.

If the garage had moved your car after you dropped it off you could argue they are responsible for it until you collect it so their insurers should cover the damage and claim it back from the responsible party.

To be honest for a wing mirror I would expect the garage to just sort it out for you.

angrycrow

cuthbert_rumbold wrote: »

That's the only sensible part of your post.

And what's wrong with the rest of what I posted?

Moto2

The car was in the care of the garage, their problem

Manxman_in_exile

Moto2 wrote: »

The car was in the care of the garage, their problem

Sounds right to me. It's the garage's problem, not the OP's.


Even if the other customer was negligent the garage needs to put it right for the OP. The garage can then pursue the other customer if they were to blame.

esuhl

I would have thought that, since you had entrusted the care of your vehicle to the garage, they would be liable. Essentially they have been negligent in letting your vehicle become damaged.

If the person who caused the damage was at fault, the garage could in turn hold them liable for any costs to them.

Strider590

Have you seen ANY proof that another customer caused this?

The first thing that most people do when they could get into trouble, is they starting pointing the finger at someone else. Just like children!

Smartsaver7

Strider590 wrote: »

Have you seen ANY proof that another customer caused this?

The first thing that most people do when they could get into trouble, is they starting pointing the finger at someone else. Just like children!

I agree only their word another car involved , they have the details of the other vehicle so they say. They ( if they are reputable ) should facilitate the exchanging of names and addresses between you and the other owner. I very much doubt the information commissioners would take any action if the garage provided you with just the registration number of the other vehicle concerned so YOU can obtain details from the DVLA ( private registration details are coverered under the DPA)

As for liability the CCTV should show the last person out of the other vehicles driving seat after parking in that position , if the owner of the vehicle (who hasn't set the handbrake) down to him/her, if an employee of the garage down to the garage.

I am assuming this is a garage that does repairs rather than a garage where you park, if so more than likely repostioned by garage staff after being dropped off by other customer, in any case early days and garage hasn't refused you being allowed to see the CCTV etc , was there damage to the other car??

nimbo

If the garage state they are unable to tell you the details would it be possible to notify the police to the accident and the existence of the cctv footage. As they may have more luck compelling the garage to release the details.

- obviously in the real world the police my be too busy - but if the garage stop being helpful then it may be worth a punt?

arcon5

If another customer caused the damage the garage have not been negligent unless you can demonstrate their facility in some way contributed to the incident.

It's not as simple as saying garage had the car garage are at fault.

AdrianC

Moto2 wrote: »

The car was in the care of the garage, their problem

If the car was in the owner's care, would it be their own problem?
If it was in a Tesco carpark, would it be Tesco's problem?

Or would it be the other driver's problem?