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Garage involved in car crash.
Comments
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Yantos, the situation is more complex than some posters have suggested.
Your car was worth £4.5k because it was fully working and repaired when it had the accident but you do not owe the garage the cost of the repairs because it was in consumer law an implied term term that they deliver the car back to you in a fully repaired working condition and without any additional damage. They failed to meet that term and therefore YOU do not owe THEM anything.
In terms of restitution you owned the car at the moment of the crash and are due it's full value. The reason why the garage cannot deliver it back to you is the fault of the driver of the car that rear-ended it. They will have a claim against that driver. In a small claims court the outcome is not certain as the judge can make his own mind and it may vary from any opinion on this board including my own.
That is my "opinion". Good luck.0 -
Keep it simple, the liabilities are clear in law:
The garage has a duty of care of your asset.
Your case is against the garage:
They are liable to you for the value of the car.
The other driver may, or may not, be liable to the garage depending on determination of fault.
You need legal advise.
Check with your insurance to see if you get legal cover and so free advice.0 -
Uk1 that's the only fair and logical way to look at it.
As for the guys replying please use common sence please. Glad.you guys are not sorting the claim as she would get £1000 for the car valuated with no engine (scrap) and she would owe the garage £2000 out of her own poxket. So she ends up losing £1000 and her car for a crash she had nothing to do with.0 -
What experience do you have of these cases and knowledge of the legalities of it ?Do you work in insurance?As for the guys replying please use common sence please. Glad.you guys are not sorting the claim
:eek:
May I offer a word of advice from an old-timer to a new poster - don't get so riled by the responses. You've asked on a forum for opinions from non-professionals, you're not always going to hear what you want. :cool::heartpuls Mrs Marleyboy :heartpuls
MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote
Proud Parents to an Aut-some son 0 -
Nobody has suggested that's what would or should happen, but as you're obviously only interested in hearing what you want to hear there's little point spending any longer on this thread.As for the guys replying please use common sence please. Glad.you guys are not sorting the claim as she would get £1000 for the car valuated with no engine (scrap) and she would owe the garage £2000 out of her own poxket. So she ends up losing £1000 and her car for a crash she had nothing to do with.0 -
Yantos, the situation is more complex than some posters have suggested.
Your car was worth £4.5k because it was fully working and repaired when it had the accident but you do not owe the garage the cost of the repairs because it was in consumer law an implied term term that they deliver the car back to you in a fully repaired working condition and without any additional damage. They failed to meet that term and therefore YOU do not owe THEM anything.
In terms of restitution you owned the car at the moment of the crash and are due it's full value. The reason why the garage cannot deliver it back to you is the fault of the driver of the car that rear-ended it. They will have a claim against that driver. In a small claims court the outcome is not certain as the judge can make his own mind and it may vary from any opinion on this board including my own.
That is my "opinion". Good luck.
Good luck following this advice as a) The garage will not release the vehicle until they are paid for the work b) The car is worth £4500 because the garage had done the work0 -
Good luck following this advice as a) The garage will not release the vehicle until they are paid for the work b) The car is worth £4500 because the garage had done the work
I agree with above, when your car is written off you have to release it to the insurer and change the ownership,
if the garage refuses which they have every right to, what are you going to? The insurer won't give you any settlement without the car"It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
G_M/ Bowlhead99 RIP0 -
Uk1 that's the only fair and logical way to look at it.
As for the guys replying please use common sence please. Glad.you guys are not sorting the claim as she would get £1000 for the car valuated with no engine (scrap) and she would owe the garage £2000 out of her own poxket. So she ends up losing £1000 and her car for a crash she had nothing to do with.
I have long learned not to argue with other posters. I simply offered my view of the legal situation.
Your obligation is to pay the agreed amount to the garage for the return of the car in a fully repaired condition. You have no obligation to pay them for a wrecked car that was in their care. They however do have an obligation to return the car to you with the repairs done and in a driveable condition and expect at that point to be paid.
If it refuses to do so then you will either need to claim off of your insurance or take the garage to court. The amount youi will get will probably not be the full value but will be agreed by negotiation or a judge. It will probably be something closer to the net value.
Good luck.0 -
I have long learned not to argue with other posters. I simply offered my view of the legal situation.
Your obligation is to pay the agreed amount to the garage for the return of the car in a fully repaired condition. You have no obligation to pay them for a wrecked car that was in their care. They however do have an obligation to return the car to you with the repairs done and in a driveable condition and expect at that point to be paid.
If it refuses to do so then you will either need to claim off of your insurance or take the garage to court. The amount youi will get will probably not be the full value but will be agreed by negotiation or a judge. It will probably be something closer to the net value.
Good luck.
The garage have not been negligent, the accident was someone else's fault.0 -
The garage have not been negligent, the accident was someone else's fault.
You are correct but you are attempting to conflate two entirely different issues into one.
The garage has a contractual obligation to return the car the the OP in fully working order with a new engine. The OP has an obligation to pay for it when it is returned. Whilst the vehicle was in the care of the garage someone else damaged it.
The garage is obligated to repair the car, receive the cost of the engine repairs from the OP and attempt to recover the cost of the rear damage from whoever it holds responsbible. 0
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