HELP! Scratch on courtesy car - insurance claim

ginvzt

Hi,

I hope someone of you will be able to help me out here.

I had an accident 10 days ago or so when someone drove into me (back). I took my car to the garage that insurance told me to do to get it fixed. In the meantime I got a courtesy car (Ford KA). I got my car back on Saturday and return KA, just to get a phone call few minutes later saying that they noticed a scratch of the size of the pea on the side of the drivers door. I don't argue, it was there, but I don't know when it appeared there, as we didn't do the check in the beginning.

The garage claims it happened in my possession (someone must have opened the door on to this car). I am not trying to dispute this, as I can't claim it wasn't there when I collected the car (my husband was driving it that day from the garage, so I didn't even see the door). They calculate the damage and say it would cost £320+VAT as they need to repaint all door and the wing as it is metallic paint. The car is nearly new, 57 reg, with 500 miles done.

When I got KA in the garage, I was told it is insured under my insurance (£50 excess), so I was going to claim it under my insurance and forget it. It is my first year of insurance, I have no years no claims, so I thought I'll just loose £50 and will be done with it.

So, I called my insurance an hey say that I had to take additional insurance at the garage to have this car insured as well. The asked me to call back tomorrow morning when they can get in touch with the garage and I can give them a call and find out how was this car insured. The thin is, on the form I signed when taking KA, it doesn't say specifically that it is insured under my insurance policy (I have comprehensive). It says that I am responsible for £1000 excess unless covered by my own policy.


What I want to ask you is it a reasonable estimate or the garage is just trying to pull a big one on me? Could it be that they lied to me about the insurance and I was not insured fully, just third party? What can I do to minimise my loss in this case? Is there anywhere I can complain if the garage lied to me about the insurance?

Sorry for this being so long, but I am so stressed over this and I hope you will be able to clarify this for me!

plane_boy2000

Quote sounds to be a bit steep, and not sure why they need to spray the wing to? I would have thought a smart repairer could have done it cheaper.

Was the car brand new when you got it? If not ask them to prove that the damage was not there when you collected it.

Re your insurance - read your policy book, but somewhere it will state that you are insurred to drive a courtesy car while your is in for repair

laurz121

was there definetly no check done on the car when you took it from them? ie did they definetly let you take the vehicle without first asking you (or your other half) to sign to say that the car had no scratches etc? If that is the case then I don't think they've got a leg to stand on as they can't prove that the scratch wasn't already there.

Also if your insurance company is saying that you wasn't insured to drive the courtesy car and the garage let you take a vehicle without first checking that you was in fact insured to drive it then they broke the law and you should point out to them that you'll be letting the police know.

ginvzt

laurz121 wrote: »

was there definetly no check done on the car when you took it from them? ie did they definetly let you take the vehicle without first asking you (or your other half) to sign to say that the car had no scratches etc? If that is the case then I don't think they've got a leg to stand on as they can't prove that the scratch wasn't already there.

Also if your insurance company is saying that you wasn't insured to drive the courtesy car and the garage let you take a vehicle without first checking that you was in fact insured to drive it then they broke the law and you should point out to them that you'll be letting the police know.

I definitely haven't signed anything saying that car was in perfect condition. All I signed was a document saying what car I am renting - no insurance company identified, the excess if my insurance doesn't cover it, that it will be £15 a day if I will be late to return it, that I will take good care of the car and I am responsible for an y damage, that car will be used only for the purposes indicated under my own insurance, etc. Nothing about the condition of the ca. The mileage when we collected the car is stated on the form to be 404 miles, but it was actually more when we drove off, as I my husband looked at the mileage literally 500m from the garage and it was 423 miles (we didn't check the form at that time to compare the mileage).

Wig

They cannot just repair the door and not respray the whole side of the car, it would look wromg. £320 for the repair sounds about right.

Some points I would ask you to note.

If they did not do a check when you took it, and a check when you returned it, I don't see that they can lay the cost onto you.

Yes you did sign a lease when you took the car and frequently the excesses are rediculous, when I had a CC the excess was £10,000, I was a bit naive back then, I would never take a CC again especially with such a rediculous excess.

You see all these comprehensive insurance policies advertising their little gimmicky extras, like CCs, but it doesn't look so rosy when something goes wrong.


If I was you I would fight this, if you have legal protection (another gimmicky extra) you might want to try to get them to start your case, but I wouldn't bank on them being actually helpful so you might want to (seek professional legal advice first, tell the repair garage you refuse to pay and wait for them to take you to court. Then fight your corner.

You might also want to note that they probably will not repair the car at all, they will just leave it there to catch the next customer with.

Wig

laurz121 wrote: »

was there definetly no check done on the car when you took it from them? ie did they definetly let you take the vehicle without first asking you (or your other half) to sign to say that the car had no scratches etc? If that is the case then I don't think they've got a leg to stand on as they can't prove that the scratch wasn't already there.

Also if your insurance company is saying that you wasn't insured to drive the courtesy car and the garage let you take a vehicle without first checking that you was in fact insured to drive it then they broke the law and you should point out to them that you'll be letting the police know.

He would have been insured by the CCs insurance, hence the 1000 excess.

ginvzt

Wig wrote: »

They cannot just repair the door and not respray the whole side of the car, it would look wromg. £320 for the repair sounds about right.

Some points I would ask you to note.

If they did not do a check when you took it, and a check when you returned it, I don't see that they can lay the cost onto you.

Yes you did sign a lease when you took the car and frequently the excesses are rediculous, when I had a CC the excess was £10,000, I was a bit naive back then, I would never take a CC again especially with such a rediculous excess.

You see all these comprehensive insurance policies advertising their little gimmicky extras, like CCs, but it doesn't look so rosy when something goes wrong.


If I was you I would fight this, if you have legal protection (another gimmicky extra) you might want to try to get them to start your case, but I wouldn't bank on them being actually helpful so you might want to (seek professional legal advice first, tell the repair garage you refuse to pay and wait for them to take you to court. Then fight your corner.

You might also want to note that they probably will not repair the car at all, they will just leave it there to catch the next customer with.

I wish I could fight it - and feel that maybe I should, but I feel so broken by all what happened recently, that I just want to get rid of this. I should have checked the car when we took it out, but I didn't. The scratch could have easily happened in the supermarket's car park, there is no way to prove it one way or another.

piggeh

Not easy to prove either way. They have to prove you owe them the money for repairs, therefore it's in their court that they can prove damage occured whilst in your possession. Fight your corner. If condition wasn't agreed, then it's their fault.

romario_2

As you did not sign anything agreeing to the condition of the vehicle when picked up, there is no way they can prove it was caused when the car was in your possession. Any reputable garage/car hire company provides a check sheet to mark any existing damage when the car is given. They cant make you decide after the event whose insurance (yours or theirs) was covering the vehicle over the hire, it is either one or the other. Tell them to take a hike.

nickmack

romario wrote: »

As you did not sign anything agreeing to the condition of the vehicle when picked up, there is no way they can prove it was caused when the car was in your possession. Any reputable garage/car hire company provides a check sheet to mark any existing damage when the car is given. They cant make you decide after the event whose insurance (yours or theirs) was covering the vehicle over the hire, it is either one or the other. Tell them to take a hike.

Agree with this. I've had hire companies dispute damage before. If you know you did the damage, fine pay up. If there's doubt, tell them to prove the damage wasn't already there.

Sounds to me like they're trying it on. A genuine company would always check the condition as the car goes out and when it comes in. Speak to them and ask them for evidence of the condition when you took it. If they can't provide it, tell them to leave you alone.

movilogo

Few weeks back I have got a dent on my almost new car [my own fault]. Went to a big garage, asked £800+VAT and asked me to go through insurance.

Finally I got it done (dent fixed and metallic paint on part of n/s wheel arch and door) from a local garage. Cost £120 total.

Just get it repaired from a local garage. Don't go thru insurance cos. Only if they can prove that you're responsible for the damage