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a mate of mine had her car in a garage for some warrenty work and the garage gave her a loan car but cus she was under 25 there insurance didn't cover her so they said she had to use her own insurance to cover the car. she rang the insurance company and told them it was a loan car and they only covered her on tpft and the garage were aware of this. bad news is that she drove into the back of a car. the garage recovered the car and now are not letting her have her car back till she pays 1000 notes to cover the damage on the loan car. can the garage keep her car ??? she said she will pay for the damage but not in one big lump but over a few months. could she class it as theft of her car ???
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I have no experience of this and would strongly advise you not to listen to me but think of it from the garage's point of view. She's damaged one of their cars and there's no guarantee they're going to get paid to fix it. It doesn't sound that surprising to me but that doesn't mean they're allowed to do it.
Someone who knows a great deal more about it than me will no doubt be along soon. Good luck to your friend.
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I suspect the garage will argue the repair cost included a loan car. As she was aware of the risks of the insurance cover, she cannot plead ignorance of the potential risk.
So by refusing to pay for the repairs to the garage's car, she is effectively refusing to pay part of her bill for repair of her car.
Imo the garage has every right to demand payment in full before she gets her car back. if she wants extended payments, she should borrow the money from a source of finance (a bank). If garages lent all their customers money to pay their repairs, they would go bust in a week.
But that is my opinion only..
madf
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she aint refused to pay for the damage. she is 21 and dont earn that much. she said to the garage that she would pay 100 notes a month. but without a car she cant get to work so she would be unable to earn the cash. her dad offered to pay 500 yesterday just so she could get her car. so they would have had half the money yesturday and other half over 5 months.
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Why should they compromise ?
She shouldn't have taken the car on TPF&T if she knew she was in financial difficulty if something happened.
She used their car, it was her responsibility, she broke it, which was her fault; the garage are in danger of losing £1,000 and want to ensure that she pays by holding on to her car.
Seems pretty reasonable to me. I would also suspect that whether or not they were aware, or will admit they were aware, she was insuring it TPF&T that their written Ts&Cs were fairly clear on the matter.
1) Appeal to their better nature and agree instalments.
2) Borrow the money from some financial institution and pay the bill
3) Challenge the cost of the repairs, particularly since they will be doing it themselves and agree to settle on a smaller amount.
and don't be daft enough to expose herself in such a way again.
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Read the small print, it may give the answer as to the garage holding the car at randsom.
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Is it £1000 worth of damage ?
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Why should they compromise ? She shouldn't have taken the car on TPF&T if she knew she was in financial difficulty if something happened. She used their car, it was her responsibility, she broke it, which was her fault; the garage are in danger of losing £1,000 and want to ensure that she pays by holding on to her car. Seems pretty reasonable to me. I would also suspect that whether or not they were aware, or will admit they were aware, she was insuring it TPF&T that their written Ts&Cs were fairly clear on the matter. 1) Appeal to their better nature and agree instalments. 2) Borrow the money from some financial institution and pay the bill 3) Challenge the cost of the repairs, particularly since they will be doing it themselves and agree to settle on a smaller amount. and don't be daft enough to expose herself in such a way again.
i totally agree but will just add that i wont let anybody drive anything of mine unless they are 25 years of age minimum.
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Why? From a personal point of view or insurance point of view?
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the garage started off saying that the damage was 2400 when she was on her own. once we went to see the car the garage changed there mind and said 1000 it was a peugeot 106 zest 1999 with 75k damage is bonnet, bumper, headlights, rad and front panel. on ebay we can get all them bits for 250 so should she get the bits herself and save money. her whole family have used this garage for many yrs. i see where you are all coming from about keeping her car but its a small village garage where every one knows every one.
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Why? From a personal point of view or insurance point of view?
both reasons actually.....does that make sense? probably not :(
Peugeot 106"s usually buckle the bulkheads when in a frontal so getting the garage down to a grand i think you have done very well OP.
I suggest you have a whip round in the family and pay this small local garage ,good point raised is also they may well charge you £50 a day for the loss of their car as they could argue they may lose customers without it.
Sorry, i see it from both sides and realise that accidents do happen,at least you had the sense to ring your insurance company and were covered for the car you hit.
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Don't think the garage can seize her property legally in lieu of a civil debt.
They would have to go thru the procedure and take her to court to recover any money she owes them
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I'm not going to give specific legal advice here for reasons I have given in the past. Look at it from from this point of view.
1. There was a risk taken when TPF and T was taken out. A no fault accident would have potentially been a mess as well, however it appears to be a blameworthy prang from what you say.
2. The garage is therefore allowed to get it's car put back in the condition it ws before the prang. Being a garage is entirly immaterial, it will be allowed (in theory) to claim the full market cost of repair including new parts where required and the full labour hit including the recovery of their own property, why should they lose out, arguably they are already losing out through loss of use of the loan car, for every day that's off the road could cost them anything up to £50.00 per day to hire in an alternative.
3. Dependant on the value of the car that was being repaired they may be entitled to retain that to offset their loss. It depends whether the car is a ten year old Fiesta or a McLaren, in other words is the car is worth a grand or less ? also the question raises whether she owes money for the repair on her car and the cost. The garage don't seem to be acting unreasonably. (dependant on all the variables mentioned above)
4. Offering to pay at £100.00 per month is a bit unfair, they are running a business not a charity.
I would attempt to settle with them (I if I was her) failing that engage a brief and or visit the local CAB.
Put yourself in their position, you lend someone a grand for a morning, they lose it and you don't see the full amount back for 10 months, would you be happy ?
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I'm afraid yher only solution is to go to the bank and borrow £1000 and pay it back monthly to the bank thus allowing her to pay for the damage and get her car back. Add to this that the other party are claiming from her insurance which has lost her her no claims discount and probably bounce her enewel premium up. Regards Peter
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Unfortunate situation, but the garage is using the Law of Lien which does give it the legal right to retain her car until all outstanding monies are settled. A slick lawyer might try and argue it given the unusual circumstances of this case; but if he fails, where's his fee coming from?
Most people new to the trade have agreed to allow impecunious customers "time to pay." The typical scenario is that you get the first payment, the second is late and the wasted time and hassle of getting the third means that you never see the rest of it.
She took the risk; wasn't careful with borrowed goods and it's now time to see if her bank really does listen.
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