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My car was repaired poorly after an accident - can I get it repaired elsewhere and claim the money from the insurer?

My Mercedes-Benz was damaged whilst parked recently. The other driver admitted liability, and a claim form was submitted to his insurer (AXA). I returned home and got estimates for the repair, including one from a repairer approved by Mercedes-Benz. These were submitted to AXA, who sent an engineer to inspect my car and agreed to pay to replace the rear bumper. On collecting the car I noticed the new paint did not match the existing. The repairer agreed and said they'd rectify it. On returning to collect the car a week later it was obvious the paint was still a poor match, which they agreed with but said it was the best they could do. I collected the car, making a note on the discharge form that the paint did not match. I then contacted AXA, who said the problem was between me and the repairer. I said that I was entitled to have my car in the same condition as it was before it was damaged by their customer. Although they said it was not normal practice, they then sent out an engineer to inspect the car and he agreed that it was not right. He contacted the repairer and arranged for them to repaint the bumper. They phoned and arranged a time, saying they needed the car for four days. I delivered the car at 10am, but - through the inbuilt tracker - I noted the car did not move all day and was left that evening in an unsecured car park outside their office. I wasn't happy with this and collected the car at 7pm that evening. I waited the next morning for a phone call to say my car was missing, and when this didn't happen I phoned them and enquired how they were progressing with my repair. I was informed that my car was in the paint shop (they obviously hadn't noticed my car was missing). The manager then phoned and said that if I returned the car, or they would collect, he would get it into the workshop that afternoon. I told him to return my key, which they did that evening. Do I have to give them another opportunity to repair the car or can I get it put right elsewhere and recover the £500 from them through small claims court?

Asked on 13 February 2018 by D&MS

Answered by Honest John
Write to them advising you are rejecting goods and services under the 2015 Consumer Rights Act. Also write to AXA advising you will be taking them, not the repairer, to court. Your contract is with your insurer, and your insurer has acted as an 'agent of repair' with their repairer. You only need to allow a repairer one opportunity to rectify an issue, you have done that. Have you car inspected by an independent expert witness engineer. You can find one here: www.iaea-online.org/

Evidence what is wrong with your vehicle, along with the cost of rectification. You are then in a situation to issue proceedings.

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