Handbrake Failed on Lease Car!

psychic_kitten

I came out today to find that my car had rolled down my driveway and into my garage door, catching the brickwork. This has left a dent and several major scratches to the paintwork. 

I lease this car on a three year deal which commenced in June 2019, so the car is 21 months old. I pay for a servicing plan through the dealership and it was last serviced less than 12 months ago.

Yes before it is asked, the handbrake was definitely on but it wasn't in gear. I've never had any issues to suggest the handbrake was getting slack.

I haven't contacted the company I lease from to tell them immediately because I wanted to seek some advice first - if there is an issue with the handbrake which has caused this, am I likely to still be liable for the repair cost? Am I also likely to be liable for having the handbrake sorted? 

I know there are people out there who would try to pull a fast one and claim there was an issue when it was just user error. I'm well aware you wouldn't fool someone who knows what they're looking for so this is not the case.

Any help would be greatly appreciated 😕

[Deleted User]

Yes, you're liable for getting it fixed.

Browntoa

You need to pay for the repairs and the cost of the handbrake fix .

You would need to prove an inherent handbrake fault on that model of car to have any chance of comeback against the manufacturer

psychic_kitten

If I am then I am, but I just wonder why? As in if there's been a mechanical failure of the car and I keep it regularly serviced as per my agreement, I (albeit maybe biasedly) don't regard this incident as my fault.

Not looking for an argument, but I'm genuinely curious as to how I could be deemed to have prevented this (other than leaving it in gear, which I would do if I was on a significant slope but which my driveway is not). 

facade

It is not your fault, in that you were not negligent, but it is your obligation to keep the car in good order whilst in your care, or you will be charged for repairs (you agreed this when you took out the lease).

In the absence of someone who is to blame paying, then it is down to you, or your insurance.

Biggus_Dickus

@psychic_kitten

Are you certain you’ve been applying the handbrake with enough pressure?

A bit of a slope and strong winds can sometimes be enough to get a car moving,...as my wife once experienced, unfortunately.😪

 

psychic_kitten

Browntoa said:

You need to pay for the repairs and the cost of the handbrake fix .

You would need to prove an inherent handbrake fault on that model of car to have any chance of comeback against the manufacturer

I think it's more a case of the handbrake having gone slack rather than an outright failure as it's not like the cable has snapped or anything. However like I say, I keep it regularly serviced so if it needed tightening or something then unless I'd had warning signs previously, I don't know how I could have anticipated to get it looked at prior to something happening. 

cajef

psychic_kitten said:

 it wasn't in gear.

Why?
When parking at any time and especially on any slope or incline it is advisable to leave a car in gear to prevent this sort of thing happening.

BOWFER

The repair to the handbrake will be covered by the car's warranty.
Unfortunately, the damage to the car and/or house is why we have insurance.

Car_54

psychic_kitten said:

Not looking for an argument, but I'm genuinely curious as to how I could be deemed to have prevented this (other than leaving it in gear, which I would do if I was on a significant slope but which my driveway is not). 

AFAIK gravity does not discriminate between significant and insignificant slopes.

boobyd

cajef said:

psychic_kitten said:

 it wasn't in gear.

Why?
When parking at any time and especially on any slope or incline it is advisable to leave a car in gear to prevent this sort of thing happening.

I always have done this,mind you my daughter goes mad after I have used her car ,she goes to start it and it's in gear oops😁