RAC 3rd Party Mechanic Damaged Car

ChrisEll
ChrisEll Posts: 12 Forumite
Seventh Anniversary First Post Combo Breaker
A few weeks ago I had a flat tyre.
I called the RAC who sent out a local mobile tyre fitter who changed the tyre.
I then booked the car in at my local tyre fitter for a wheel realignment.
I then get a phone call from them saying they haven't removed the hub because the bolt has been cross threaded - almost certainly because the mobile fitter put the bolt in the gun instead of screwing it into the hub first. They also said that any experienced tyre fitter would have known what happened. I have an email and a photo before they removed the tyre confirming the cross threading.
They managed to get the bolt out but the hub is obviously damaged and needs replacing.
I put in a complaint to the RAC who said that under their Terms and Conditions they are not responsible for damage to the vehicle caused by a 3rd Party mechanic (even though they sent him). I can find nothing in their Terms and Conditions which states this. In their email they state that they make their decision on the details I have given them. It's therefore a natural assumption that they haven't even contacted the 3rd Party but just jumped on the "We are not responsible" excuse.
In the meantime I have contacted the owner of the mobile tyre fitting company who, as expected, has gone not guilty ("It must have been damaged before on a previous change").

So my question is where do I take this now? The Ombudsman? Small Claims? Or can I appeal the "verdict" from the RAC complaints department?

Comments

  • lincroft1710
    lincroft1710 Posts: 18,764 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Is there a tyre fitters' ombudsman?


    Just because the RAC sent an independent tyre fitter to attend to the problem doesn't mean they are responsible for TF's actions, this appears on a Google search

    In situations where a third-party mechanic damages a vehicle, the RAC's responsibility typically focuses on providing breakdown assistance and potentially helping with accident management, but not directly covering repairs or losses caused by the mechanic. The RAC's accident management service can assist in recovering expenses from the responsible party, 

    If the RAC are unable to help in recovering your losses from the TF and the TF denies responsibility then your only recourse is Small Claims. But you must be absolutely certain that it was not your local TF who caused the damage
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • ChrisEll
    ChrisEll Posts: 12 Forumite
    Seventh Anniversary First Post Combo Breaker
    edited 12 May at 5:24PM
    I'm certain that it wasn't my local tyre fitters. I've used them many times before - I have 4 cars.
     I trust them enough to take them at their word. It's not really logical that they would inspect the wheel, phone me to say that the hub could be damaged (they said they couldn't tell until they took the cross threaded bolt off) and ask my permission to take it off.
    If it were them who had caused the damage, it would be much simpler to just unscrew the bolt and say "Hey look, it's already damaged" rather than make phone calls and send me photos before removing it.
    And what's telling is the phone call with the mobile tyre fitter. His excuse is that the hub was probably damaged on a previous wheel change and that's why it cross threaded. If it was cross threaded then why did he not say so at the time? My local fitters are adamant that he would have noticed.
  • lincroft1710
    lincroft1710 Posts: 18,764 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    ChrisEll said:
    I'm certain that it wasn't my local tyre fitters. I've used them many times before - I have 4 cars.
     I trust them enough to take them at their word. It's not really logical that they would inspect the wheel, phone me to say that the hub could be damaged (they said they couldn't tell until they took the cross threaded bolt off) and ask my permission to take it off.
    If it were them who had caused the damage, it would be much simpler to just unscrew the bolt and say "Hey look, it's already damaged" rather than make phone calls and send me photos before removing it.
    And what's telling is the phone call with the mobile tyre fitter. His excuse is that the hub was probably damaged on a previous wheel change and that's why it cross threaded. If it was cross threaded then why did he not say so at the time? My local fitters are adamant that he would have noticed.
    The reason I said to be certain was that there have been threads on these boards where 2 tradespeople have blamed each other for damage caused. But fortunately you don't appear to have that problem
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • ChrisEll
    ChrisEll Posts: 12 Forumite
    Seventh Anniversary First Post Combo Breaker
    I hear you.
    I honestly believe I don't have that problem.

    Everything points to the MT guy screwing up. The phone call I had with him was pretty telling.
    But here's the thing: I know he's not going to own up. To do so leaves him open to me causing damage to his business. An admission of guilt can be used against him if I were that "sort" of person. I'm not - I just want compensating for the damage he caused but he's not going to take that chance.

    With the RAC out of the picture I guess the only way to get my cash back is to go to my insurers or small claims.

    Looking at it in the light it's going to be his word against mine. Even with my tyre fitters backing me up (which they've said they will) it's still going to be my word against his.

    I guess I'm just going to have to swallow it.

    I do take a lesson away from it though - the RAC are shysters!! If my garage damages my car I expect them to pay for it, not the mechanic. 3rd party or not!
  • UnsureAboutthis
    UnsureAboutthis Posts: 236 Forumite
    100 Posts First Anniversary Name Dropper
    I'm with you about making a claim etc. But a word of advice. Save yourself the time and trouble, as you will need hard evidence. Otherwise, it's the mobile tyre fitters' word against your garage.

    Your comments about the "RAC being ..."   I'm guessing all breakdown recovery companies operate on similar T&C's.

    Sound very unfair but best to take it on the chin as a lesson learned.
  • Alfrescodave
    Alfrescodave Posts: 1,034 Forumite
    Part of the Furniture 500 Posts Name Dropper
    How do you prove that no one else, other than 3rd party mechanic has changed this tyre? Basically its your word against theirs.

    I don't doubt for a second that what you're describing is correct, but proving it  ?????
  • lincroft1710
    lincroft1710 Posts: 18,764 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 14 May at 2:58PM
    ChrisEll said:

    I do take a lesson away from it though - the RAC are shysters!! If my garage damages my car I expect them to pay for it, not the mechanic. 3rd party or not!
    The RAC are not "shysters". They didn't damage your car and it is plain from that quote I gave you from Google that they accept no responsibility for damage caused by 3rd party mechanics. Your contract was with the tyre fitter (and contracts do not have to be in writing). The RAC are not alone in this, as it appears both the AA and Green Flag do not accept responsibility for 3rd party mechanic damage. 
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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