Jobs & Education0 min ago
Is The Garage Liable?
13 Answers
several months ago my second car had a flat tyre, my local garage came out and put the emergency tire on the car and returned the car to my home.
recently i had cause to use the car again and went to retrieve the punctured tyre to get it repaired, only to find it was not left in the boot of the car by the mechanic.i contacted them and they said they had left it on the back seat!! i assured them that it was not there, or even in the boot and told them it must be in their workshop.
they came back to me and told me the tyre was definitely not there and i would have to buy a new tyre and wheel. i have looked on eBay, Gumtree etc and i cannot buy one single wheel, i have to buy a set of four.
the car is my daughters, who is at university, and so it is not used day-to-day. however i check the car regularly and would have definitely seen the tyre if it were in the car. i only mention this because it explains how several months have passed before realising it wasnt there.
My question is: do i have any legal redress towards the garage for the cost of the replacement? as they have completely shirked responsibility.
any advice would be gratefully received, thank you!
recently i had cause to use the car again and went to retrieve the punctured tyre to get it repaired, only to find it was not left in the boot of the car by the mechanic.i contacted them and they said they had left it on the back seat!! i assured them that it was not there, or even in the boot and told them it must be in their workshop.
they came back to me and told me the tyre was definitely not there and i would have to buy a new tyre and wheel. i have looked on eBay, Gumtree etc and i cannot buy one single wheel, i have to buy a set of four.
the car is my daughters, who is at university, and so it is not used day-to-day. however i check the car regularly and would have definitely seen the tyre if it were in the car. i only mention this because it explains how several months have passed before realising it wasnt there.
My question is: do i have any legal redress towards the garage for the cost of the replacement? as they have completely shirked responsibility.
any advice would be gratefully received, thank you!
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.I don't know how you stand legally, but my first thought is that it's been such a long time since you took the car from the garage, that it would be extremely difficult to prove, either way. If you check the car regularly, the garage could argue that opening the boot would have shown the tyre wasn't there either (and the back seat seems a strange place to allegedly leave a tyre, IMO).
probably it is thier liability in law but it's your word against theirs so not a prayer in getting a new wheel out of them, the tyre was presumably knackered anyway. So all you need is a wheel here is the results of my search for "spare wheel" on ebay: http:// www.eba y.co.uk /sch/i. html?_t rksid=p 2050601 .m570.l 1313.TR 11.TRC1 .A0.Xsp are+whe el& _nkw=sp are+whe el& _sacat= 0&_ from=R4 0
depending on what you want you can refine the search and buy a single wheel easily. Is it a steel wheel? alloy? or what, what size? Pattern etc. Really ebay has many, my search above yeilded 15000+ hits
depending on what you want you can refine the search and buy a single wheel easily. Is it a steel wheel? alloy? or what, what size? Pattern etc. Really ebay has many, my search above yeilded 15000+ hits
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in short no: buy a new spare wheel.
for a start you would have to show they didnt put it where they said they had- (or putting on the back seat was negligent) and I dont see any real possibility of doing that for starters let alone the other obstacles .... including laches (length of time before action)
in short no: buy a new spare wheel.
for a start you would have to show they didnt put it where they said they had- (or putting on the back seat was negligent) and I dont see any real possibility of doing that for starters let alone the other obstacles .... including laches (length of time before action)