Can anyone advice me on who is responsible for damage to your car by another customer while it is parked on the dealer's parking space/forecourt, when the car was with them for servicing.
thanks
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The person who did it?
Terry
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Yep, whoever was driving the other vehicle involved.
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Of course, if the dealer doesn't know who did it then you might be able to claim on their insurance because they were the bailees of the car. Depends on your contract and how the courts interpret it.
Hollyer v Rambler Motors [1971] is a pre UCTA case in which a car was destroyed by fire and the dealer purported to exclude liability for negligence. The court just gave damages to the claimant, even though there was a prior relationship between the unfortunate customer and the dealer.
More to the point, if the garage can't show that the damage was caused by a customer's car, and not by them blaming it on a fictitious customer, they will have a difficult time claiming liability.
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*excluding* liability even.
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i would check to see if the garage has a notice up on it's premises stateing "no liability" for vehicles left in the car park, if there is'nt one you may be able to claim them.
prokon
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>>whoever was driving the other vehicle involved.
Ultimately yes.
But who is responsible to nand ? Is it not the garage since the vehicle was in their charge ?
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If the other person can be identified, and in theory, even if they can't, they're responsible. Period.
On the other hand, I would say that it is to the garage to at least show that they didn't cause the damage themselves, given that it was in their care. Res ipsa loquitur and all that.
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At what point would the vehicle become"in their care"?
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I read some while ago in a Sunday Paper that a bloke took his Porsche in to be serviced and it was destroyed when the garage burnt down. As the service had been completed before the garage burnt down, he was billed for the service.
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I would have refused to pay!!
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Securicor actually managed to burn down a factory they were guarding once. They were sued for the damage but the exclusion clause got them, course it was between the insurance companies. Basically the court said that, between companies, no breach of contract is so fundamental that it can completely void the contract, although obviously it can end responsibilities under it.
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