(Scotland) Car Wash fell on Car but 3rd Party Insurers dispute liability/stalling

jbhouston

Hi MSE Members!

Around the middle of November I went to an IMO-style automatic car wash (the ones that you get pulled through via a conveyor belt) and one of the rollers failed, pinning my car underneath it. The roof was dented and the bonnet was dented. After obtaining to quotes within days of the incident (one from BMW at £4500 and one from an independent at £3000) the garage insurers were informed but have been really really slow to react. The last communication I had from them was 9th December. Contacted them today and they say their client appears to now be refusing to accept liability despite clear video evidence, photo evidence and crucially a signed accident report form in their presence.

I am reluctant to involve my own insurers as there is a huge excess to pay on my policy and I can't get over the fact that a £6 car wash turns into me potentially needing a new roof and bonnet or worse still the car written off! I have checked other threads on this forum and it suggests raising a small claims case in court against the company but I have two questions:

1. As this is Scotland it appears there is a Small Claims "SIMPLE PROCEDURE" which due to the amounts involved will cost £104 to initiate. Is this returnable in the event of a successful outcome?
2. Who am I listing on the claim? Will it be the garage that owns the car wash or their insurers?

Thanks in advance for any advice

Kindest Regards,
JB

jbhouston

Update:

"As agreed, we have obtained instructions from the insurance brokers who confirm that the policyholder does not accept responsibility for this incident and are holding the manufacturer of the car wash liable.

We are not therefore able to consider your claim and can only suggest that you utilise your own motor insurance who will repair your vehicle, pursue their outlay and your uninsured losses."

davidmcn

Yes, you should at the very least be awarded the initial court fee if you win. You're pursuing the garage, insurers don't get named in court cases as the parties even if they're actually running the show.

m0bov

You claim from the car wash you contracted to use, their insurance would pay out and and then claim their loss back from either the manufactures of the machine or the operators. That's not your concern.

Blackbeard_of_Perranporth

jbhouston wrote: »

Hi MSE Members!

Around the middle of November I went to an IMO-style automatic car wash (the ones that you get pulled through via a conveyor belt) and one of the rollers failed, pinning my car underneath it. The roof was dented and the bonnet was dented. After obtaining to quotes within days of the incident (one from BMW at £4500 and one from an independent at £3000) the garage insurers were informed but have been really really slow to react. The last communication I had from them was 9th December. Contacted them today and they say their client appears to now be refusing to accept liability despite clear video evidence, photo evidence and crucially a signed accident report form in their presence.

I am reluctant to involve my own insurers as there is a huge excess to pay on my policy and I can't get over the fact that a £6 car wash turns into me potentially needing a new roof and bonnet or worse still the car written off! I have checked other threads on this forum and it suggests raising a small claims case in court against the company but I have two questions:

1. As this is Scotland it appears there is a Small Claims "SIMPLE PROCEDURE" which due to the amounts involved will cost £104 to initiate. Is this returnable in the event of a successful outcome?
2. Who am I listing on the claim? Will it be the garage that owns the car wash or their insurers?

Thanks in advance for any advice

Kindest Regards,
JB

Question why not?

Yes you will initially have to pay the excess, but you will get this back as it is not your fault. They are more able to do this, than you acting as some pub lawyer!

shaun_from_Africa

jbhouston wrote: »

I'm reluctant to involve my own insurers

At the very least, you should contact your insurers and inform them of what has happened even if you don't want to claim from your policy.
If you don't and the Garage's insurers put details of the incident on the insurance database, you could possibly find that your current insurer or any future one you use ends up cancelling your policy for non disclosure of a potential claim should they discover this.

unholyangel

jbhouston wrote: »

Update:

"As agreed, we have obtained instructions from the insurance brokers who confirm that the policyholder does not accept responsibility for this incident and are holding the manufacturer of the car wash liable.

We are not therefore able to consider your claim and can only suggest that you utilise your own motor insurance who will repair your vehicle, pursue their outlay and your uninsured losses."

Its nice that they think thats how it works.

You have two choices:
1) Go through your own insurers
2) Start going down the legal route with the garage

If you chose the latter, then remind the garage that as the contracting party, their liability to you is not affected by any contract they have in place with a third party provider.

The_Rainmaker

OP this why you have insurance, let them sort it out.

They know the strings to pull etc and you don't and the pain and hassle could be huge. What happens if they go bust in the interim?

twhitehousescat

m0bov wrote: »

You claim from the car wash you contracted to use, their insurance would pay out and and then claim their loss back from either the manufactures of the machine or the operators. That's not your concern.

agreed , the manufacturer may very well be based abroad and would rebuke claim as maintenance was not done