Urgent help needed! Damaged a Courtesy Car

smokeytoby

Hi all - new member looking for some advice.

I was sold a car by a dealership and bought the 3 month warranty. On the day of purchase, the car developed a fault and I returned it, and they are currently fixing it, and on my verbal request they got a courtesy car from a sub-contracted garage for me to use in the meantime.

This morning I noticed a couple of long scratches down the passenger side of my courtesy car. They aren't deep, but I genuinely have no recollection of doing them, as I have only driven it on main roads and can't think of a time when they could have happened. However, I didn't immediately notice them when I picked up the car, and therefore didn't take photos of them to prove they were already there, meaning that I will more than likely be liable for their repair.

That being said, I was not given anything to sign at all before taking the courtesy car, they just gave me the keys and let me drive it off. There was no "this is the condition we have given you the car in and any damage is a result of your use" paperwork like usual with garages. Therefore I have no information regarding excess, nor did I sign to say I would pay for repairs in the event of the car's damage, and therefore I am (rightly or wrongly) guessing it is covered by the garage's insurance?

I'm nervous but I am going to call them later and let them know, I just need to know what to expect, and whether the fact I haven't signed anything means I am still liable for their repair.

Aylesbury_Duck

smokeytoby wrote: »

Hi all - new member looking for some advice.

I was sold a car by a dealership and bought the 3 month warranty. On the day of purchase, the car developed a fault and I returned it, and they are currently fixing it, and on my verbal request they got a courtesy car from a sub-contracted garage for me to use in the meantime.

This morning I noticed a couple of long scratches down the passenger side of my courtesy car. They aren't deep, but I genuinely have no recollection of doing them, as I have only driven it on main roads and can't think of a time when they could have happened. However, I didn't immediately notice them when I picked up the car, and therefore didn't take photos of them to prove they were already there, meaning that I will more than likely be liable for their repair.

That being said, I was not given anything to sign at all before taking the courtesy car, they just gave me the keys and let me drive it off. There was no "this is the condition we have given you the car in and any damage is a result of your use" paperwork like usual with garages. Therefore I have no information regarding excess, nor did I sign to say I would pay for repairs in the event of the car's damage, and therefore I am (rightly or wrongly) guessing it is covered by the garage's insurance?

I'm nervous but I am going to call them later and let them know, I just need to know what to expect, and whether the fact I haven't signed anything means I am still liable for their repair.

You signed absolutely nothing? How do you know you're insured?

How long have you had the car? It sounds as if the scratches must have arisen in your care because presumably you'd have noticed them before now. Give them a call and see what they say.

smokeytoby

They gave me absolutely nothing to sign, they just handed me the keys. I am fully comp insured to drive courtesy cars under the terms of my insurance at no extra cost.

I am certain that there is not a time when the scratches could have happened in my care, as I have driven my normal route to work along main roads, not driven near any hedges or trees that could have done this, just simple town roads. As they are on the passenger side of the car and it is just me that travels in this car, I haven't even been round that side of the car to see them until this morning when I parked on the opposite side of the road, and had to walk around the car to get to the pavement and noticed them.

mattyprice4004

Were you with the car every minute it was parked up? How do you know something or someone didn’t do it while the car was unattended?

You’re responsible for damage that occurs even when not actually driving, too - so I’d say you’re going to be held liable.
Unfortunately no matter what was or wasn’t signed, you have someone else’s property in your care and have a duty of care towards it.

AdrianC

smokeytoby wrote: »

This morning I noticed a couple of long scratches down the passenger side of my courtesy car. They aren't deep, but I genuinely have no recollection of doing them, as I have only driven it on main roads and can't think of a time when they could have happened. However, I didn't immediately notice them when I picked up the car

smokeytoby wrote: »

As they are on the passenger side of the car and it is just me that travels in this car, I haven't even been round that side of the car to see them until this morning when I parked on the opposite side of the road, and had to walk around the car to get to the pavement and noticed them.

Could it simply be that they were there, the garage knew they were there, and you're worrying over nothing...?

Or could it have been somebody keying the car while it was parked outside your house overnight?

I am fully comp insured to drive courtesy cars under the terms of my insurance at no extra cost.

So, if anybody's insurance would be covering it, it would probably be yours...

smokeytoby

I could well be worrying over nothing!!
And I live on a farm with private roads and an electric gated entrance, so incredibly unlikely it was damaged when I wasn't using it, as equally at work we have a small private car park for staff only.

I agree my insurance would be covering it, however surely the onus would be on them to prove that it was damaged in my possession? Otherwise it is just my word against theirs

AdrianC

smokeytoby wrote: »

And I live on a farm with private roads and an electric gated entrance, so incredibly unlikely it was damaged when I wasn't using it, as equally at work we have a small private car park for staff only.

And it hasn't been parked anywhere else? Supermarket, or...?

smokeytoby

No, I have only used it to work and back so far since I have had it in my possession. The drive to work and back is just along main A roads, and there are no hedges or bushes along the roads on my farm that could have caused this, hence me believing that the damage was there beforehand.

Aylesbury_Duck

As long as they believe that, or say they knew about the scratches before you took the car, you'll be ok then.

smokeytoby

And what if they don't believe me? I have not signed ANY paperwork to say I admit full liability to anything that happens to the car in my possession, nor have I signed any paperwork which states any previous damage to the car prior to them giving it to me. Would they be able to claim I caused the scratches, without having any proof I did?

Aylesbury_Duck

smokeytoby wrote: »

And what if they don't believe me? I have not signed ANY paperwork to say I admit full liability to anything that happens to the car in my possession, nor have I signed any paperwork which states any previous damage to the car prior to them giving it to me. Would they be able to claim I caused the scratches, without having any proof I did?

We're going round in circles. You insist you haven't signed any paperwork to make you liable yet you're happy to be using their car. If you want to be entirely free of liability, hand the car back. You have spent several posts laying out evidence that you haven't caused the damage, but you're still worried.

There's only one way to resolve it and see what will happen: Call them and explain what's happened. Fundamentally it's similar to any car hire in that if you present the car with damage and the company's records show no such damage at the point they gave it to you, that's a reasonable case to suggest the damage happened in your care and therefore that you are responsible for putting it right.

If you didn't check the car when it was handed to you but they did, you're in a tricky situation.