A friend recently took her Citroen HDi in for a service at a non franchised garage. During the service they noticed a frayed wire to an injector and the cambelt was due for replacement. She dutifully booked it back in a couple of days later to be fixed.
During this repair, her car caught fire ?during the test drive? and the garage told her she needed to claim on her insurance. A subsequent phone call said it was a write off. She told them as they were driving that it was their problem and to claim on their insurance.
After several weeks, she heard nothing, and had no joy at the garage, so she wrote to head office, asking them to pay up or else she would see them in court. There reply confirmed that there had been a fire, but said it did not happen during the test drive, but while idling on the ramp after the repair. Also, their assessor said the fire was due to a short on the heater solenoid, and as it could not be forseen in combination with the fact they were not driving means it?s her problem.
A couple of questions:
Whose insurance does she claim on?
What does she need to do next?
Thanks
Joe
Edited by Webmaster on 18/03/2008 at 22:53
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Is there more to this?
They have had an assessor look at it?
And unless its a limited fire I dont see how they can be so sure about the source.
Any witness/evidence about when where it happened? (ring fire brigade and ask about call out ?)
Does she have legal cover on her insurance?
Edited by adverse camber on 17/03/2008 at 13:17
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I think there is, although I'm getting it 2nd hand. What makes me suspicious is after many weeks of silence, they moved fast once the "or else" letter arrived. The letter claims an assesor has seen it, but as my friend has not I don't know the extent of the fire. To me it smells of a mistake at the garage, but they are taking advantage (young woman who knows nothing about cars).
Yes she has legal cover, and I've told her to use it.
Joe
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Joe
An authoritative assessment of the cause of the fire must be obtained - the cause stated seems implausible. If the car spontaneously ignited, then it's a bit hard on the garage paying for something that would have happened anyway.
On the other hand; if it was as a result of their negligent work; than it's 100% down to them. The no-claims/excess on a MT policy can be many thousands, so it's distinctly possible that they would have to pay for it out of their pocket and not claim.
Employ a loss assessor.
Edited by Screwloose on 17/03/2008 at 14:06
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>>Whose insurance does she claim
>>What does she need to do next?
She must surely inform her insurance company - didn't she do that anyway? It's their job.
She should provide full details, including the replies (both written & verbal) from the garage. If it's not the garage's fault, (and assumimg she has fire cover) her insurance will pay, otherwise the garage's will.
I would advise her not to carry this anymore - it's what she has insurance & legal cover for.
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Totally agree with woodbines.
Its what your insurance is for! If they decide its garage fault they will pursue it.
Why pay for insurance and do the fighting too?
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Simple it was in their care and as such was insured it could have been hit, scratched, stolen or in this case set fire to : Point is whist in their care it was destroyed when she got it back it it wasn't in the state that she left it.
Thats what garages pay public liablity and motor trade polices for this very reason.
She has to push her insuance company that she left it in one condition and it was destroyed whilst in the care of the garage.
If the garage was at all unhappy about working on the car because of say a leaking fuel pipe etc they should have notified her before starting work on the car and saying they needed to put this or that right first. Cars don't just catch fire they catch fire for a reason either design fault, lack of service or poor workmanship during service ie no reconnecting hoses etc.
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Thanks for everyones replies.
Yes its in the hands of her insurers now, she just hopes she doesn't loose her NCD.
Interesting point, where does the garages "resonable care" end? I understand if its an "unknown fault" its a bit rough on the garage, but if I had my dads car for a while (I can drive it third party only) and it caught fire I can see his insurers wriggling away rapidly regardless!
Joe
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>>Point is whist in their care it was destroyed when she got it back it it wasn't in the state that she left it. <<
I dont think it is as simple as that.
The terms and conditions of some garages I have seen (albeit on an invoice which you dont receive until the car/work is finished) clearly states that all risks remain with the owner! Whether thats legal is another argument I know. But that is why you have insurance, to sort all this out for you!
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The terms and conditions of some garages I have seen (albeit on an invoice which you dont receive until the car/work is finished) clearly states that all risks remain with the owner! Whether thats legal is another argument I know. But that is why you have insurance to sort all this out for you!
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In the example quoted the contract is formed when the car is left and before the invoice is handed over so the terms on the back of the invoice do not apply.
However if you have used the garage before and the terms were also on the back of the invoice you received the last time you used them they will probably apply!
Edited by ijws15 on 19/03/2008 at 08:14
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My insurance (with LV) specifically says that the car is fully covered while in the care of the motor trade and it even notes that the normal excesses don't apply.
I would therefore conclude that they expect to pick up the tab if anything untowards happens.
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The ladies insurance company surely must do its utmost to claim off the garage. Isn't that what you pay insurance for? What about the garages trade association code of conduct? These matters usually take a lot of resolving but you have to stick to it and make it obvious you are not giving up until you are satisfied.
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Dr Rubber: "Interesting point, where does the garages "resonable care" end? I understand if its an "unknown fault" its a bit rough on the garage, "
To be honest the behaviour of this garage sounds decidedly dodgy and not above board. I would have thought that a reputable garage would get an independent assessment of the car to support their claims, either an insurance assessor, or someone from a respected body such as the AA. The fact that they did not surely acts against them.
I hope your friend gets a just solution.
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