Car Broken into while in Garage Care - Who is Liable

AidenTingley

Hi,

Motoring / Legal Question - Looking for advice

I dropped my car off to the garage for a repair and MOT, I dropped it off at lunchtime on the 5th of March and they had it booked in for the 6th for the repairs / MOT. I had parked it in a good location, I had confirmed with be when I gave them the keys if that location was ok, they agreed.

On the Morning of the 6th of march (Today) they called me to say that mine and 5 other cars have been broke into (Luckly enough, we had cleaned it out for the MOT so the only thing stoke was the dashcam.)

However, the garage is claiming that its our responsability to have the window they theifs broke repaired. They are just getting quotes together now, however I thought that because its under their care it will go through their insurance?

I've read on the DAS LAW UK website that if the car is in their hands, its their responsibilty and their insurance will cover it?

Thanks in advance

debtdebt

Was the car parked on the road? If so, your responsibility.

AidenTingley

Yes it was on a public road as the garage has no compound or parking. I had no choice to park it elsewhere?

pramsay13

I'm not sure of the legalities but if you have parked it on a public road and you are waiting for the garage to uplift it to move it to their premises to work on it, then I reckon it is still your responsibility until such times as they have it in their possession and if it happened to me I would be expecting to pay for it or claim it on my insurance.

debtdebt

You could have dropped it off on the day that they were going to work on it.

No fault of the garage. You will have to deal with replacing the window.

AidenTingley

I had parked it just outside the garage, it was on the curb to their front door... Technically a public road but on their curb?

I also wanted it in for repair the day I dropped it off but they booked it in for the next day. They were happy to take the keys from me and never advised me to bring it back in the morning...

Aylesbury_Duck

You're reaching. It's your responsibility I'm afraid, even if the bumper was touching their door.

Comms69

AidenTingley wrote: »

I had parked it just outside the garage, it was on the curb to their front door... Technically a public road but on their curb?

I also wanted it in for repair the day I dropped it off but they booked it in for the next day. They were happy to take the keys from me and never advised me to bring it back in the morning...

Did they need to advise you to look both ways when crossing the street?

AidenTingley

Ok, Ok, I understand. Thanks for the help!

foxy-stoat

AidenTingley wrote: »

I had parked it just outside the garage, it was on the curb to their front door... Technically a public road but on their curb?

I dont think the garage own the kerbs outside their garage - even if they did its still down to you I am afraid.

If it was on their open forecourt they would probably have signs up to say they take no responsibility for damage unless they were negligent..

Gated and security fenced forecourt with flood lights and camera - maybe you could claim but still they may be signs up.

The point about "duty of care" and "custody and control" of your vehicle would come in if it was stolen if thieves broke in, found the keys and drove off with it. You could prove negligence there.

debtdebt

OP, try and source a second hand window from a scrap yard and get the garage to fit it.

Same thing happened to my Porsche Cayenne. £40 for a side glass and £50 for a body shop to fit.