any solicitors on here?
28-02-2005, 09:15 AM
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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?
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?
28-02-2005, 09:45 AM
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I know it is the principle but if they do admit some sort of responsibility, it could be worth taking it as opposed to arguing it all the way. Say they offer you a couple of new tyres and you can pick a new boot lid up from a breaker. Is this car a run around or a modifed RS Turbo?
Am not a solictor but would say try and strike a balance between some form of compensation and arguing all the way.
Am not a solictor but would say try and strike a balance between some form of compensation and arguing all the way.
28-02-2005, 10:47 AM
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its a modified fiesta!
if it was a run round i would still have the same attitude towards it!
I was not told of the damage when i collected the car even tho they had played with the boot by opening it and removing the gas strut that holds it open, out of courtiosy they could have said!
the insurance are trying to get out of it any way possible which quite frankly is not on and the garage have lied to the insurance about them not opening boot! and also they didnt put the claim form in for over a month!
i already had a smooth tailgate to go on instead of the one i have on it at mo as it has a lower spoiler and i dont like the lower spoiler, however this is not the point, why should i be out of pocket for something i FEEL the garage know ALOT more about! (however i can not prove this!)
i am considering getting an independant engineers report (put me more out of pocket, but tis the principal! why should inurance companys be able to screw you over as they feel!)
best bit is tho, if the damage was already there like they are all trying to say why the fcuk would i be concerned about getting a heater matrix wired in as that would have been the least of my worries compaired to a falling off boot lid!
if it was a run round i would still have the same attitude towards it!
I was not told of the damage when i collected the car even tho they had played with the boot by opening it and removing the gas strut that holds it open, out of courtiosy they could have said!
the insurance are trying to get out of it any way possible which quite frankly is not on and the garage have lied to the insurance about them not opening boot! and also they didnt put the claim form in for over a month!
i already had a smooth tailgate to go on instead of the one i have on it at mo as it has a lower spoiler and i dont like the lower spoiler, however this is not the point, why should i be out of pocket for something i FEEL the garage know ALOT more about! (however i can not prove this!)
i am considering getting an independant engineers report (put me more out of pocket, but tis the principal! why should inurance companys be able to screw you over as they feel!)
best bit is tho, if the damage was already there like they are all trying to say why the fcuk would i be concerned about getting a heater matrix wired in as that would have been the least of my worries compaired to a falling off boot lid!
28-02-2005, 11:28 AM
#5
Be very hard for you to PROVE it was in their care when it happened i suspect.
If you take them to court just bare in mind that the fees are likely to be about 150 quid an hour.
Only takes them writing a few letters and standing around in the courthouse for a couple of hours for it to cost you a grand, and then if they garage ask for more time they WILL be granted it and you will have to come back again and pay all over again.
If you want to do any sort of legal action then i would go for the small claims court and no solicitor if i were you
If you take them to court just bare in mind that the fees are likely to be about 150 quid an hour.
Only takes them writing a few letters and standing around in the courthouse for a couple of hours for it to cost you a grand, and then if they garage ask for more time they WILL be granted it and you will have to come back again and pay all over again.
If you want to do any sort of legal action then i would go for the small claims court and no solicitor if i were you
28-02-2005, 12:07 PM
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i have witnesses to prove it was done whilst in their care! (can prove it was not like that at home as it was garaged and had to remove it from gaarge and garage has no sign of forced entry etc!) also had one of the witnesses follow me to the garage to give me lift home!
they said they saw it at 1pm as they took it into work shop as they heard a banging noise from rear so opend tailgate for some reason to look at damage! (damage is on outside not inside so dont know why they opend it! :@)
they failed to tell me about damage and also failed to tell me they removed the gas strut till next day when i went to confront them about damage
mechanic told me outright he knew it was there and he did defo open the boot AND removed gas strut (again witness was there while i was told this!)
they said they saw it at 1pm as they took it into work shop as they heard a banging noise from rear so opend tailgate for some reason to look at damage! (damage is on outside not inside so dont know why they opend it! :@)
they failed to tell me about damage and also failed to tell me they removed the gas strut till next day when i went to confront them about damage
mechanic told me outright he knew it was there and he did defo open the boot AND removed gas strut (again witness was there while i was told this!)
28-02-2005, 02:57 PM
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This will only go to small claims court, solicitors are not required. You have your witness. Get your own engineers report and a garage quote for repair of the car. Also make sure your witness are of reasonable character and look smart when they go in. Think its about Ł36 to instigate small claims proceedings.
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