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

zaax

I am very surprised the garage won't fix it as its down to the garage, and their insurance, as they had control of the OP's car. If they are a main dealer I would complain about their reluctance to repair it (its only a £50 part and a mins labour) to the manufacture.

Smartsaver7

zaax wrote: »

I am very surprised the garage won't fix it as its down to the garage, and their insurance, as they had control of the OP's car. If they are a main dealer I would complain about their reluctance to repair it (its only a £50 part and a mins labour) to the manufacture.

The garage hasn't refused to do anything yet , it has just told the OP that they may need permission to give him the other car owners details , the OP posted a what if !!

We have established that the garage is probably a "Public Place" so it can be reported if the OP cannot obtain the other parties details but I agree if reputable they would just repair the wing mirror and make good any damage to the cars , hardly going to cost them anything. I think the only error on the OP's part was paying for the work carried out, not sure if he has removed the car from the garage.

have known 2 cases like this at my old workplace. Both cases involved damage to a customer's vehicle and all damage was rectified without cost to the customer by our company, after which the owner, my boss, claimed through our insurance. Insist that the garage is responsible and insist that they pay.

I doubt worth the garage claiming on their insurance for the cost of a wing mirror (trade) and 30mins labour

George_Michael

IMO, what the garage owner/manager decides to do will ultimately come down to the extent of the damage and the cost to put it right.

If it's just the mirror glass that is broken, this could be as little as a few £s but if the mirror is electric and heated and the mechanism is damaged, then it could easily be a couple of hundred.
Then there is the possibility that the impact damaged the door itself if the mounting screws/bolts were pulled out.

In all likelihood the door itself will be okay but if not then the repair cost will rocket upwards.

Car_54

Smartsaver7 wrote: »

Not necessarly , the owner could have driven it to the bay and later a mechanic may have released the handbrake without driving it ie to push forward, left the door open and it rolled back under it's own steam.

The guy who released the brake and pushed it was the driver.

Drive: "Operate and control the direction and speed of a motor vehicle." [Oxford English Dictionary]

Smartsaver7

Sorry you are wrong

"The Legal Definition of Driving
Besides the ordinary meaning of driving the courts have held that if a person is using the vehicle’s controls to move and direct the vehicle to a substantial degree then that person is driving the vehicle .There is much case law arising from arguments over whether a person was driving or not. For example, a person who steers his car sitting in the driver’s seat whilst another person is pushing it has been held to be driving. However, a person who both pushes and steers his car whilst walking next to the car has been held not to be driving. |In another example, a person stationary in a car on a verge was held to be driving because the wheels were spinning and the handbrake was being used. "

It all boils down to case law with regards what is a "Public Place" and what the definion of "Driving" is held to be , if the garage mechanic was outside the car just pushing it, he was not driving, doesn't matter what a dictionary says or what seems sensible.

Smartsaver7

I forgot to check the case law that since 2005 now includes Car Dealerships and possibly a repair garage, did my research this time., but I'm not that smug not to be corrected on this if you find Case law that changes it

Is Teacher happy?? !!!:beer:

What you mean you haven't checked all the RTA case law online by now in an effort to prove your
superiority 20mins not enough ......:-)

undercover_peon

I have spoken to the other driver and, though he hasn't seen the footage, he explained that he did reverse at speed (being unimpressed by the garage/what they advised him - noticing a pattern here). Anyway he said he didn't hear anything when he reversed but he believed them when they told him about the CCTV footage.

He has had a look for the mirror and has a couple of friends who have garages which may allow him to keep the cost down.

I asked the garage why they didn't order the part and repair it as a goodwill gesutre. Their response was to the effect that 'this happens more than you would thing' and 'it's nothing to do with us'.

I'm going to go in tomorrow as they seemed agreeable to me having a copy of the footage. Once that is sorted I think I can make my feelings known.

I simply can't understand their stance, even if we agree that they aren't liable it seems such a trivial thing to risk damage to your reputation over. Still there's nowt so queer as folk...

arcon5

Well why should they cover the cost because some !!!!!!!! drove around their premises recklessly??
I'm struggling to understand why they would be morally obliged to repair out of good will. They are 100% faultless

facade

undercover_peon wrote: »

I asked the garage why they didn't order the part and repair it as a goodwill gesutre. Their response was to the effect that 'this happens more than you would think' and 'it's nothing to do with us'.


I simply can't understand their stance, even if we agree that they aren't liable it seems such a trivial thing to risk damage to your reputation over. Still there's nowt so queer as folk...

If they get 10 mirrors knocked off a day, at £200 a piece.........


I wouldn't leave my car with them

Bigphil1474

If the other driver really has a couple of friends who have garages and can keep the cost down, why was he at this garage being unimpressed with them? Sounds fishy to me. Main thing is to get your mirror fixed.
I agree with you OP, unless it was an expensive fix, then it would have been more than in the garage's benefit to just say 'don't worry we'll sort it out as a good will gesture'. You'd be more likely to go back next time your car needs work on, and they'd have had little outlay. Doesn't mean they have to, but a happy customer is a repeat customer. And if they are getting 10 mirrors knocked off a day, then they need to seriously take a look at their customer parking set up.