any solicitors on here?
right i am after some advice regarding a claim i am trying to persue with regards to a car being damaged whist in the care of a garage
my car was in a locel autoelectrician to have the mk5 fiesta heater matrix wired in, while it was on their property someone has tried to FORCE the boot lid off by bending the top lip away trying to break the hinges...
THE DAMAGE CONSISTS OF A BENT SECTION TO THE TOP EDGE OF THE BOOT LID AND A CRESE AND MARK ON THE TRILING EDGE OF THE ROOF
however it looks like they got disturbed or something as they did not get in..
now i was told by the garage that they noticed it as they come to take the car into the workshop at 1pm to have the heater matrix rewired and noticed a banging noise comming from the rear of the car (loose bootlid from having the hindges pries breaking one and what looks to have bent the other) was told by the mechanich who worked on the car that they opend the boot lid to 'have a look' and could not shut it again so took the gas strut off and it shut.
now when i picked the car up it was dark and they failed to tell me about the damage so i returned the next morning and told them (i repeorted it to police the same eve)
they said that they noticed it at 1pm (i droped car off at 10.50am) and have 2 witnesses to say there was absolutly no damage to my car when i left my house and i did not stop anywhere on the way and one of the witnesses can confirm this.
now the garage are saying they dont think it could have been done while in their care but ant too sure to be honest they cant say for definate!
now i have contacted the garages insureance and they have sent an engineer FROM THEIR OWN COMPANY to look at the car.
he has tried saying that the damage to the roof is due to one of the hinges not moving (basically siezing) and this has caused the hinge to bend and this made the boot lid contact the roof causing the damage. now i know this is not the factas i have never had any problems with the boot hinges and they do not just suddenly sieze!
also what he failed to be able to establish was why has one hinge snapped and the other bent and also where the bent bit of boot lid is only half of the damaage is consistant with contacting other body work to cause the damage (one half is bent upwards away fromt the car when the boot is open but the other half is bent downwards towards the supposide contacting body work! (things dont bend that way) however he has failed to mention these factors in his report (conveiniant) but also the garage has told the insurance that at no point did they open the boot! (i have a witness that was with me when the mechanic told me they opened it and removed the gas strut!)
i am getting a full copy of the engineers report sent out to me and i have told them i am going to despute it in any way possible...
have also considered getting a seperate report done by an indipendant engineer
what options are availiable to me tho?
where do i stand?