windscreen damage - who is at fault?? - mclw
I took my 1996 Fiat Punto to be mot'd it needed 250+ work doing so I had this done and paid for it. When I got in my car I noticed a 8" crack in my windowscreen I immediatly told the garage who admitted it was their fault as it had happened in thier care, and would contact their insurance.
I have waited a week and not heard anything so contacted them today and was told that after speaking to their insurance they will not be replacing the windowsceen and 'it may of had a chip in it and the frost has caused this to happen so they are not at fault.'
I have checked my advisory notice and no chip is mentioned on there, I was wondering where I stand on this matter and who is at fault?
Also the odometer reading is out by +30000 miles????
I would appreciate any help at all on this matter as I cant afford to buy a new windowscreen and really need my car for work.
Many Thanks in advance,
Lucy

Edited by Dynamic Dave on 16/02/2009 at 18:39

96 1.1 who is at fault?? - oilrag
Sometimes its no ones fault Lucy - just bad luck.

Can`t you replace it on your insurance?
96 1.1 who is at fault?? - Armitage Shanks {p}
I'm guessing that OP won't have full comp ie windscreen cover etc , on a 13 year old car. It will be covered if she has, subject to an XS of around £50. Has the mileage gained 30K miles or lost them?
96 1.1 who is at fault?? - adverse camber
They admited that it happened in their care. I would expect them to replace it. If they dented it or punctured a tyre I would expect them to fix it why not for a windscreen.

They are presumably refusing because their insurance is saying no.

Talk to trading standards and see what they say. Personally I would talk to them and give them a last chance to pay for it. get quotes, then write to them formally giving 14 days to pay then get it fixed and take it to small claims.
96 1.1 who is at fault?? - b308
I'd agree, if they admitted it then they replace it... small claims court? (But how to prove it...)

I'm more interested in the odometer reading... how did you notice that, L?
96 1.1 who is at fault?? - Armitage Shanks {p}
My aplogies L, I see that you said +30K miles in your original post.
96 1.1 who is at fault?? - Hamsafar
You will need it doing anyway, so phone Autoglass 0800 587 8198
www.autoglass.co.uk/
with your reg no. they will tell you if they can claim off your insurance co. directly (they usually can) and will advise you the excess.

Once done, just send the bill for the excess to the garage with a letter and say "as agreed". Don't mention them subsequently declining.
96 1.1 who is at fault?? - mclw
thank you for your replies, i really appreciate them all.
I was looking for the advisory and noticed that it said 146994 miles on the mot cert but the advisory had 111317 which is what it is. why would they do that and will it make my mot cert invalid?? sorry I really have no idea with cars.
Lucy
96 1.1 who is at fault?? - Hamsafar
Hmmm, that weird.
Have a look on
www.motinfo.gov.uk/internet/jsp/ECSID-Internet-Sta...p
and see if the info. on here correlates.
96 1.1 who is at fault?? - mclw
MOT Status Check - Incorrect vehicle or document details

We are unable to process your request because of one of the following reasons:
The Document Reference Number from the V5C Registration Certificate issued by the DVLA does not exist or does not match the vehicle registration mark supplied,
or

the test referred to by the test number does not exist or does not match the vehicle registration mark supplied.

I have double checked everything I put in and all correct????????? HELP!!!!!!!!!!PLEASE!!!!!!!!!!!!
96 1.1 who is at fault?? - Andrew-T
Sounds as if your whole cert is for another car, with the 140,000 mileage ??
96 1.1 who is at fault?? - mclw
It has all my other car details correct on it apart from the mileage, how do I check I really do have an mot?

Edited by mclw on 16/02/2009 at 23:17

96 1.1 who is at fault?? - Andrew-T
Ask to see the test station's records - they will have a tick-box sheet with each operation listed. I think you are entitled to a copy, but most people don't bother. If they didn't give you a failure notice, but a pass certificate, one must assume the car is OK. There seems to have been a mix-up somewhere. Did you get an emissions test pass too?
96 1.1 who is at fault?? - mclw
I got mot cert, a refusal, a advisory and a break test results
96 1.1 who is at fault?? - Andrew-T
The windscreen - I would guess that after second thoughts they probably decided that owner's insurance would cover it for little outlay. I once bought a Cavalier with a cracked screen for a good price, and sellers did just that. Perhaps you could suggest they fork out for your excess amount if you get your insurers to do it, since they did admit they caused it.

Odometer reading - can only assume they wrote down the numbers from some other car (or even some other document). With people that careless perhaps you should take your car somewhere else next time.

BTW - your Punto is doing well with that mileage ...

Edited by Andrew-T on 16/02/2009 at 23:06

96 1.1 who is at fault?? - mclw
Its got so many new parts lol it like a brand new car under bonnet!! I'll always pay for what is needed to keep it reliable but refusing on this one! will try your suggestion, ty Andrew
96 1.1 who is at fault?? - mclw
I have managed to check my mot with the document ref no. and I do have one! that has the extra mileage on?
96 1.1 who is at fault?? - R75
Well I would be going back and asking them to re-issue the MOT with the correct mileage, this will look very odd next time or when you come to sell the car, it will look like it has been "clocked" to the tune of 30k.

I would also be telling them they need to replace the windscreen and asking them to either pay up or just start small claims court action, very easy to do online.
96 1.1 who is at fault?? - Mapmaker
Andrew T>> I once bought a Cavalier with a cracked screen for a good price, and sellers [assumed that my insurance would pay for the new windscreen].

This sounds like insurance fraud.
96 1.1 who is at fault?? - Andrew-T
> This sounds like insurance fraud ..

Strictly speaking, probably (this was 1984). What they suggested was to wait a month or two before claiming. Rather a grey area I suggest. It could be perfectly genuine by then.
96 1.1 who is at fault?? - Mapmaker
Strictly speaking probably (this was 1984). What they suggested was to wait a month or
two before claiming. Rather a grey area I suggest. It could be perfectly genuine by
then.


In no sense a grey area - even in 1984. It's no wonder that insurance is so expensive for the rest of us if people claim on their insurance for something that was broken before they first insure it.


96 1.1 who is at fault?? - Andrew-T
> If people claim on their insurance for something that was broken before they first insure it.

I think you are distorting things a little, M-M. Given that ins.co's offer special terms for windscreen replacement, a cracked screen will be claimed for, either by the seller or the buyer (in this case the latter). There should be no net impact on the claims or premiums paid. The argument was simply about whether the trader was willing to lose some of his profit by getting the screen repaired - unless you are suggesting that I should have driven with a damaged screen for the life of the car?
96 1.1 who is at fault?? - davidh
>>unless you are suggesting that I should have driven with a damaged screen for the life of the car?

No, MM probably isnt suggesting that - I'd dare to say he meant that if someone was in that situation, then strictly, the new owner should pay for its replacement themselves.

IMO its skating on very thin ice to claim for some damage thats already been incurred.

Edited by davidh on 17/02/2009 at 17:43

96 1.1 who is at fault?? - Andrew-T
> It's skating on very thin ice to claim for some damage that's already been incurred ..

I can see the purity of this argument, but it says that merely because I don't know the cause of the crack, I can't claim. What about the trader? - he probably doesn't know either (I'm sure he didn't) so he can't claim on his warranty ? As ins.co's offer special terms for screens, they must be well aware of this situation. It is a safety matter in any case. I agree that in an ideal world, the trader should have fixed it, perhaps at his own expense, but he didn't.
96 1.1 who is at fault?? - Andrew-T
> I have managed to check my MoT ..

Ah - computer system updated overnight? And if the testing station refuses to play ball with the cost, definitely go elsewhere next time.

Edited by Andrew-T on 17/02/2009 at 11:42