My car is off the road awaiting a part from China but the replacement car is not suitable - what can i do?

My car is a 15-month-old Kia Stonic under warranty. It has gone to a Kia approved garage to repair bumper damage caused by hitting a deer.
The garage has had the car for a month now and no work has been done, even though it has been authorised by the insurers. Apparently the grill part of the bumper is on a back order from China but the back order has not even been actioned yet and there is no sign that it will be.

A replacement car has been provided (Toyota Aygo) but this is causing serious back problems because it has no lumbar support and the car has to cover quite a lot of miles per week. It is also not an equivalent car to the Stonic. Incidentally the Stonic is insured for business use but would the Aygo be equally insured?

This is complicated by the fact that the car is being repaired by a Kia garage so as not to invalidate the warranty. Aviva has agreed to this but says additional charges will be incurred as it is not one of their approved garages.

Asked on 9 March 2020 by J S Stanford

Answered by Tim Kelly
You have no lawful entitlement to a car so be grateful for the one you have. I cannot advise on whether they Aygo is insured for business use as I do not know who has supplied it and who is insuring it. I would suggest you contact whoever is doing both to clarify and make sure it is appropriately insured. Non-availability of parts is not down to the PCP company as they have provided a car to you, the fact it has been damaged in your control is not down to them.

There is a potential claim against Kia though. But their argument ( and a reasonable one at that) is that these are events out of their control. In short, It is not a pleasant situation you are in, but it is what it is and could be a lot worse with no car provided rather than the new car you have.
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