Car bumped when at the garage

abtx · September 6, 2019

I went to a new garage with an issue related to antifreeze mixing with the trans fluid (link - by the way, beware GS430 owners, it's got the same issue as LS430).

They parked the car on a public street (which lots of indie garages do) and someone bumped into it quite badly.

There's some hope there is CCTV footage and garage claims they should be able to find who did it.

If they don't, who is responsible for this mess?

The car is still with them.

royoftherovers · September 6, 2019

The new garage !

abtx · September 6, 2019

They did mention the car will be kept on the street and they don't want to be accountable. but can they do that? I didn't sign anything btw. Is there a law or a common practice in this type of situation?

abtx · September 6, 2019

Well, actually, to be precise, they mentioned bike mount on roof rails and said they just want to let me know the car will be on the street and they can't be responsible if someone stole it.

royoftherovers · September 6, 2019

You left your car in the possession of the garage and they are responsible for any damage to it whilst in its possession.

If they leave it on the road or in the street or on a vacant plot of land it does not absolve it from its responsibilities to you.

What documentation ( if any ) did you sign when leaving the vehicle with the garage Arthur ?

abtx · September 7, 2019

I didn't sign any documentation, just left my name & phone number with them and the car inside of the garage (so they have moved it wherever it was parked).

They say they will retrieve the CCTV and find the culprit, which - if they did - would change things. We'd then contact the police and I guess I'd contact my insurer.

Or do I contact my insurer anyway now and explain the garage tries to sort this out?

If they manage to find anything on CCTV they can either take responsibility, or avoid.

I don't know whether I should take the car back from them when they finish fixing the gearbox issue, leave it with them till they sort things out?

Do I need something in writing from the garage or just talk to my insurance and let them contact the garage? How do I proceed?

olliesgrandad · September 7, 2019

46 minutes ago, abtx said:

I didn't sign any documentation, just left my name & phone number with them and the car inside of the garage (so they have moved it wherever it was parked).

They say they will retrieve the CCTV and find the culprit, which - if they did - would change things. We'd then contact the police and I guess I'd contact my insurer.

Or do I contact my insurer anyway now and explain the garage tries to sort this out?

If they manage to find anything on CCTV they can either take responsibility, or avoid.

I don't know whether I should take the car back from them when they finish fixing the gearbox issue, leave it with them till they sort things out?

Do I need something in writing from the garage or just talk to my insurance and let them contact the garage? How do I proceed?

This is a matter for the garages insurance not yours. The car was under their care and control. They are Bailees in civil law. You gave care and control of your vehicle to them and they have caused it to be damaged. If the vehicle has been involved in a non stop accident on a road it is up to them to report it to the police in accordance with the Road Traffic Act.

abtx · September 7, 2019

Just now, olliesgrandad said:

This is a matter for the garages insurance not yours. The car was under their care and control. They are Bailees in civil law. You gave care and control of your vehicle to them and they have caused it to be damaged. If the vehicle has been involved in a non stop accident on a road it is up to them to report it to the police in accordance with the Road Traffic Act.

Ok, so I guess I just report it to my insurer and point them to the garage now? And collect the car as is, with the bump?

olliesgrandad · September 7, 2019

2 minutes ago, abtx said:

Ok, so I guess I just report it to my insurer and point them to the garage now? And collect the car as is, with the bump?

No you tell the garage in writing that you are holding them responsible for the damage and give them the opportunity to repair it (via their insurers if necessary).Make sure that you find out who owns the garage and if it is a sole trader or Limited Company. If they decline to get the car repaired then politely tell them that you will get a quote for repair and issue a summons in the small claims court to cover the cost of the repairs . I think your insurance company won't want to know unless you have legal cover as the car was in the care and control of a third party not covered under your policy.

royoftherovers · September 7, 2019

I agree with Les, but do keep a copy of any correspondence you have with the Garage. Make sure that you retain it having signed and dated it in ink or biro.

abtx · September 7, 2019

Just now, royoftherovers said:

I agree with Les, but do keep a copy of any correspondence you have with the Garage. Make sure that you retain it having signed and dated it in ink or biro.

Thanks. I've only got a text with the photo from the garage and their response saying the guys next door have CCTV cameras, they'll find the culprit.. Thanks John and Les. I'll call Admiral and get a claim in.

royoftherovers · September 7, 2019

1 minute ago, abtx said:

Thanks. I've only got a text with the photo from the garage and their response saying the guys next door have CCTV cameras, they'll find the culprit.. Thanks John and Les. I'll call Admiral and get a claim in.

I would NOT put a claim in just yet Arthur.

You can tell Admiral if you wish "for advisory purposes only" and that you expect matters to be resolved to your satisfaction without having to involve Admiral.

abtx · September 7, 2019

15 minutes ago, royoftherovers said:

I would NOT put a claim in just yet Arthur.

You can tell Admiral if you wish "for advisory purposes only" and that you expect matters to be resolved to your satisfaction without having to involve Admiral.

Of course the garage has got some time now to sort out the CCTV, so I can wait and see if they figure out what happened.

If they get it resolved to my satisfaction then that's cool.

Correct me if I'm wrong, but If they can't or don't want to I will make a claim against their insurance (in either case)?

Or do I make a claim against insurance of the party who was involved if they find them?

abtx · September 7, 2019

53 minutes ago, olliesgrandad said:

No you tell the garage in writing that you are holding them responsible for the damage and give them the opportunity to repair it (via their insurers if necessary).Make sure that you find out who owns the garage and if it is a sole trader or Limited Company. If they decline to get the car repaired then politely tell them that you will get a quote for repair and issue a summons in the small claims court to cover the cost of the repairs . I think your insurance company won't want to know unless you have legal cover as the car was in the care and control of a third party not covered under your policy.

I missed this post. Great advice, thanks Les, that's exactly what I need to know. Cheers!