Car written off by garage!

[permafrost]

My Mum's car went into a local garage for a repair however, the mechanic somehow managed to drive it in at speed, smashed into their ramps, bounced it into 2 other cars and have written it off! Her insurance have said she's not covered for this as she wasn't driving & the mechanic was an unauthorised driver - therefore no courtesy car, claim or payout! The garage have been really unhelpful and won't give her a courtesy car & are reluctant to give their insurance details, saying they want to settle privately - however they'll only give her £500 as its over 7yrs old!

Does anyone know where she stands legally? The owner was really rude claiming it was her problem for being upset as she's had the car too long so has become too attached to it and that their insurance 'won't fall for her sob story'!! Is there anyone we can report them too - she's been left without a car, no way of getting to work & her insurance are unwilling to help. Are they obliged to give her use of a temp. car and then replace her car as she's can't buy anything for £500 & she's totally reliant on her car. They said they can't pay anymore as they need to repair the ramp they damaged when crashing her car!!

Thankyou in advance of any advice.

[dotty.]

firstly, how is a mechanic not insured at his place of work to drive clients cars, i would demand proof that they are telling the truth about this, they sound like a right gang of cowboys, ring your local paper and give them the story

[ummmm]

Ring trading standards...the police...the local paper.

[boxtops]

What an extraordinary situation. I understood that garages have insurance cover when they are test-driving vehicles they are repairing. She should be claiming aginst the garage's third party liability cover for the negligence of their employee, IMO. What's happening about the damage caused to the two other cars? - you don't want them trying to claim against anyone else but the garage. Has your mum got legal cover under her motor insurance policy? - if she has, then she should give them a ring and ask them to take up the case on her behalf Don't let the garage fob her off with an offer - tell her to take legal advice and not to get involved in any more negotation with the garage herself. Over 7 years old is nothing, my old car was 15 years old when mine was written off, don't let them flannel or bully her. A solicitors' letter should have better effect.

[permafrost]

Apparently the driver is insured under their insurance, but they won't give her either the accident details or their insurance details. It's her insurance that won't process a claim - she has spoken to the legal dept & they have advised she put it in writing to them that she's refusing their offer & that she has to deal with their insurers direct - other than that they said they can't get involved as she's not covered with them! Apparently the other cars were only damaged & 1 has accepted some money as I assume its repairable - only my Mum's has been written off. The main problem is that she's not got a car & needs it for work - she said she'd accept a like-for-like replacement as they sell cars - they said 'they don't deal in old cars'! What worse is that it's a reputable garage that we've used for years - was thinking the local paper might be a good start too.

[boxtops]

In which case, she needs to write to them formally, recorded delivery, stating what her insurance company say, and insisting that they pass the letter to their insurance company. This is the correct way to do it - her claim is against the garage, and they then refer it to their insurers, she wouldn't make the claim direct against the insurance company in the first instance. Say in the letter that she wants a written acknowledgement and that if she doesn't get it she will take legal advice. If she doesn't get a reply in fourteen days, follow it up.

[Andyvon]

They are obviously not reputable Permafrost! They are a bunch of rogues. You can get a very good car for £500 if you look around and know what to look for. That's not the point though.

Perhaps your mother should go to the Citizens Advice Bureau first, then maybe a solicitor or start a County Court proceeding.

[wolf63]

Garages know that women haven't a clue when it comes to cars (not all women I will add) and the good garages act in a responsible manner and don't take advantage of us.

These guys are bullies - regardless of how the 'accident' occurred their so called 'customer service' after the event has been abysmal. Name them and shame them.

[bednobs]

who has "written off" her car?

[murraymints]

quick call to the bizzies should help, they are obliged to give insurance details....sounds to me as if they dont have any insurance and are running scared..talk of the boys in blue may even precipitate an offer she can't refuse ?

[R1Geezer]

don't mess about with this sh0wer, just issue a small claim against the garage, insurance is irrelevant to you, you need compensation for damage caused. If the garage want to claim on their insurance it's up to them. Go to the local court and initiate a claim for what the car is woth + exes and stand well back. It won't got to court, they know they are bang to rights, use the law that's what it's for.

[R1Geezer]

also, the £500 offer would be seen as admission of liability by the court but my guess is they'll settle out of court. Do you have the £500 offer in writing?

[twix123]

As the garage has deprived your Mother of the use of her car, through no fault of her own, she should demand that they supply a courtesy car until such time as they either replace hers with an equivalent model, fully serviced etc., or make complete reimbursement to leave her in the same position as she was before the reckless action of their employee. Their 'Motor Trade' insurance should cover them, although not for a courtesy car (which will have to come out of their own pockets), for all the damage caused. If the garage belongs to a trade association complain to them also! Otherwise it looks like legal action will be the only option.

[NOX]

As Eddie said, they are legally obliged to give her their insurance details. Go to the police with her explain what you have to us , ask the police to accompany you so that you can obtain their insurance details as you feel intimidated by them and threatened and although they may not do that, you can bet your life they'll pay them a visit and hopefully that ought to put the frighteners on them sufficiently to start behaving.

[joko]

it hs nothing to do with her being a woman and so must know nothing about cars., as this issue is about insurance and the law and fraud,... and you dont need to be 'into' cars or be a man to know about that...

[dotty.]

me too, and more,