Garage destroyed my engine

Kesteral

Hi,

I need some advice on how I should handle this situation.

I took my 2004 ford fiesta 1.6 ghia auto to a garage about four weeks ago as the head gasket had blown (verified by another garage). The garage said it would be £400 for the repairs so I went with it (not paying anything in advance), but unfortunately a few days later I got a call from the garage telling me that while trying to make the repairs, they had made a mistake and accidentally destroyed the engine.

They said they would make amends by either finding a like for like car or a replacement engine. I said okay and in the mean time they provided me with a courtesy car, which is actually nicer and worth more than the car I took in for repairs.

The garage called me and said they had spent a few weeks looking for a similar car or new engine but weren't able to find anything (they had some stories about garages sending them the wrong engine). They offered me two options as they wanted to settle this and get back a space on their forecourt (my car has been sitting there for weeks). The garage said they would either sell me the courtesy car for £500 or claim on their insurance and I'd get compensation for the value of the car.

The garage said that the compensation would be £400 because it would be the value of the car in good condition (which is £800, although the car is not in good condition) minus the £400 for the work done on it. I wasn't sure if this was correct and said I didn't agree so he said I would have to raise this with his insurance company. Separately, after some negotiation, he said that he would sell the courtesy car to me for £250.

So now I don't know whether to get him to claim on his insurance and give me compensation for the market value of the car or just buy the courtesy car for £250 as it's worth a bit more than my car in good condition anyway!

Do insurance companies take into account the condition of the car when making a payout, before the garage damaged it? In which case it would be for my car with a broken head gasket? Or will they just pay the market value?

One thing is obvious, that he doesn't want to claim on his insurance, but apart from that I'm not sure what to do or legally what my rights are. I've run a HPI check on the courtesy car and it's come back okay, it's got an MOT and in the three weeks I've been driving it I haven't seen any major problems.

My main concern is ending up with no car and not enough money to buy a new one. Any advice would be greatly appreciated.

unholyangel

The position of law would initially be to put you back into the same position you would have been in had the breach not happened - which would leave you with a car worth £800, but having to pay £400 for the repair.

Only if that was impossible (putting you into the position - or as near as money would do it - you would have been in had the breach not happened) would the law look to put you back into the position you would have been in had you not entered the contract - which would be with a car with head gasket failure (and therefore not worth £800).

Tbh, their offer seems fair all thing considered. They seem to be doing the decent thing and have held their hands up to making a mistake (many garages wouldn't). Perhaps ask them for a little extra to cover the costs of changing insurance over to the new car and perhaps VED also.

docmatt

Buy the courtesy car for £250.

Garage seem honest people. Other garages would just say they found major extra work that needs doing.

Jackmydad

docmatt wrote: »

Buy the courtesy car for £250.

Garage seem honest people. Other garages would just say they found major extra work that needs doing.

That's what I'd do.
In fact I'd take their arm off, assuming the car was OK. Save you a load of hassle, and it sounds as if you like the car.

Kesteral

Many thanks for the quick responses.

My only concern with the courtesy car is that it's an old mercedes and it guzzles petrol. Plus any repairs to it would be expensive and there's a slight issue the remote locking, however it might be the best option.

debtdebt

I'm sure they'd take £200 for the courtesy vehicle to save any further hassle.

kaya

why on gods earth would you pay them or allow them to deduct £400 for "work done" to a car that they destroyed ? what exactly are they expecting to be paid for? they haven't fixed it have they? I would expect the full market value of the car without exception or a like for like replacement

Shaka_Zulu

kaya wrote: »

why on gods earth would you pay them or allow them to deduct £400 for "work done" to a car that they destroyed ? what exactly are they expecting to be paid for? they haven't fixed it have they? I would expect the full market value of the car without exception or a like for like replacement

Because the car wasn't worth £800 with a blown gasket.

I too think the garage seem to being very fair,

Marvel1

kaya wrote: »

why on gods earth would you pay them or allow them to deduct £400 for "work done" to a car that they destroyed ? what exactly are they expecting to be paid for? they haven't fixed it have they? I would expect the full market value of the car without exception or a like for like replacement

Full market value with a blown head gasket?

roddydogs

? Just how did they "destroy"the engine?

stator

£250 for a working car in OK condition ?
If you don't take it, can I have it?