Expired

Recovery truck damage to car, legal advice needed.

30
Found 23rd Jun 2013
I'll keep this as concise as possible.

My car was recovered to a dealership whilst under warranty. The securing straps have damaged the paintwork under the arch around £700 of damage.

I spotted the damage when i picked up the car and called the warranty co. who asked for Photos and quote from an approved dealership.

Now the warranty co. are not accepting any liability due to the fact that a representative of the dealership signed to confirm vehicle was received in good condition, implying the damage was probably done after recovery had dropped the vehicle off.

Fact is the damage was DEFINITELY due to bad recovery and straps chafing the wheel arch, the guy who assessed the damage for the estimate said this is not an uncommon occurrence. The location and nature of damage does mean it wouldn't have been easily spotted without scrutiny.

Who should I be chasing?

Thanks in advance for your input.

30 Comments

Banned

http://www.flippingsocial.com/wp-content/uploads/2012/06/Nobody-cares-baby....jpg

Original Poster

greatest666



Your choice of image appears to accurately represent your mental age, well done you have successfully managed to post a picture. Way past your bedtime tho.

Banned

bargain surfer

Your choice of image appears to accurately represent your mental age, … Your choice of image appears to accurately represent your mental age, well done you have successfully managed to post a picture. Way past your bedtime tho.




http://25.media.tumblr.com/e3a3b73c6e9efe2a9b55e806f78bd994/tumblr_mm3idvYi5E1qg2xooo1_500.gif

Good luck with that. The recovery company are never going to pay out. If the dealer arranged them, you should be chasing them anyhow.

Can you get an independent assessor to view the damage? They'll be able to tell you when the damage was caused and how. An option is that you could go through your insurance company they'll get it looked at and recover costs from the recovery company if proved the damage was done at the time of recovery. Another option is you contact the recovery service ask for insurance details and go directly to them and tell them what happened, as long as you've got an independent assessors report stating that the damage was most probably caused by the recovery company then really it'll be the revovery's insurance that have to pay out. Best thing to do is get car looked at by 2 or 3 garages and get them to confirm it was caused by recovery company and then send it to your insurance company or theirs.

Banned

Contact the person who recovered your car and tell them about it.

legal advice needed ... so why are you posting this here??

I would contact the recovery company asap. Then mention the damage.

why are the garage assessing the damage on the car when you know what the condition of the car is. You should have been with the assessors.

keep records and copy of any communication. Inc phone calls. you have to tell them your recording calls as soon as you mention your name ext.

If that don't work small claims court will sort it out.

If your trying to get your car fixed for free workout damage from the recovery company then it'll bore you back in the ass.

I am ashamed to be part of this community sometimes. The responses on here could be more supportive, or just omitted. I hope you manage to get recompense.

£700 for a strap chafing under a wheel arch? ? ? what car you got? monster truck? to be honest if the strap has chafed your paint then it'll be fine scratches and can usually be mopped out for about £50 max.

Just a thought but if the dealership signed to say the car was received in good order and it was damaged when you went to pick it up, surely the dealership is in a mess as the clear implication of their action is that they must have damaged it. You need to find out if the recovery firm is part of some national federation and perhaps pursue a claim in the small claims court against them or the dealer

Yep - it's the dealerships problem. They signed to say the car was good when they recieved it, now it isn't, so technically it was damaged whilst with them. Don't concern yourself with the fact it was damaged while being transported. On paper, it was damaged at the dealership, so chase them! That will teach them for signing without looking properly!

If it comes to it (and hopefully it won't) you can issue a small claim naming both the recovery company and the dealership and the judge sorts it out in court.

Talis

legal advice needed ... so why are you posting this here??



Yeh. This site is full of cheapskates looing for the cheapest deal - me included. Do yu think there will be any lawyers here?

Might be worth finding out if the company who transported your car are members of AVRO association of vehicle recovery operators.and using there arbitration scheme.

Original Poster

Thanks to you guys with sensible replies. The fact is the damage is more than superficial and won't just polish out as it's gone through the paint on the side skirt. I have spoke to the dealership and sent an email to the as well as to the warranty company. I have not had a response from the dealership and the waranty company has passed the buck because the dealership rep signed to say received in good condition.

I am getting ready to go down the legal route but just wanted to get a better understanding of who I should be dealing with, I think the best response is from ceres because the simple fact is ONE of them is responsible either way and that is what needs to be sorted out.

http://i39.tinypic.com/2zdokdf.jpg

Who arranged the recovery? The warranty company or the dealership? Your first port of call will be with whoever arranged it. If the recovery agent was working for the dealer, it will be an easy solution as the dealer is responsible for the car from the moment it was picked up from you. The fact that they used a recovery agent is their choice and they sort it out with the recovery agent. It gets a bit trickier if the recovery agent was working for the warranty company (which I'm presuming is not part of the dealership). They are correct in saying that the dealership signed to say no damage was found on delivery and therefore they are not liable. However, this just points to the damage being done at the garage. In this second scenario, I would contact the recovery agent, get a copy of the form signed by the garage confirming receipt of the car in good condition and then make my way in person to the garage and demand they sort it out themselves. As someone else has stated, it won't be a massive job and the garage's bodyshop would be able to sort it in a few hours so they probably won't quibble.

Original Poster

t_kaay

Who arranged the recovery? The warranty company or the dealership? Your … Who arranged the recovery? The warranty company or the dealership? Your first port of call will be with whoever arranged it. If the recovery agent was working for the dealer, it will be an easy solution as the dealer is responsible for the car from the moment it was picked up from you. The fact that they used a recovery agent is their choice and they sort it out with the recovery agent. It gets a bit trickier if the recovery agent was working for the warranty company (which I'm presuming is not part of the dealership). They are correct in saying that the dealership signed to say no damage was found on delivery and therefore they are not liable. However, this just points to the damage being done at the garage. In this second scenario, I would contact the recovery agent, get a copy of the form signed by the garage confirming receipt of the car in good condition and then make my way in person to the garage and demand they sort it out themselves. As someone else has stated, it won't be a massive job and the garage's bodyshop would be able to sort it in a few hours so they probably won't quibble.



The recovery was arranged by the warranty company's appointed recovery firm. I really can understand the dealership rep not spotting the damage as it looked like reflection of sunlight at first glance, even to me.

The quote I had was from the dealerships approved bodyshop as requested by the warranty company and in the response they have included the Vehicle report showing the dealer rep signature for vehicle condition, I think I would be best off writing in to the dealership as they have not responded to my e-mail or returned any of my calls, then as ceres has suggested if they do not play ball to throw them both in the docks and let the judges decide.

bargain surfer

The recovery was arranged by the warranty company's appointed recovery … The recovery was arranged by the warranty company's appointed recovery firm. I really can understand the dealership rep not spotting the damage as it looked like reflection of sunlight at first glance, even to me.The quote I had was from the dealerships approved bodyshop as requested by the warranty company and in the response they have included the Vehicle report showing the dealer rep signature for vehicle condition, I think I would be best off writing in to the dealership as they have not responded to my e-mail or returned any of my calls, then as ceres has suggested if they do not play ball to throw them both in the docks and let the judges decide.



I would just go in person and speak to the manager directly. Is it a main dealership? A phone call to the UK head office might speed things up too.


youtube.com/wat…SfU this video shows how it should be strapped properly so as you say the recovery driver was clearly incompetent.

Original Poster

t_kaay

I would just go in person and speak to the manager directly. Is it a main … I would just go in person and speak to the manager directly. Is it a main dealership? A phone call to the UK head office might speed things up too.



I would drive down, only problem is they are 15 miles from here, however you are right about getting in touch with the Manager and the UK HO I believe they are a main dealer as they are on the Manufacturers Webpages Dealership contacts list.

You know that's not £700 worth of damage? Even if it was a £1,000,000 car that wouldn't cost £700,

Take it up with the dealer that said it was ok. You should have really been their and checked the car over properly.

If the dealer rejects any claims phone head office whole your in the dealer and say my car has been damaged and you want it repaired.

Or contact watchdog, firms are really scared of public humiliation.

Tell them you'll be contacting your lawyer if you don't hear anything within 24 hours. Get a no win no fee on your side.

Original Poster

Mikeygolfgt

You know that's not £700 worth of damage? Even if it was a £1,000,000 car … You know that's not £700 worth of damage? Even if it was a £1,000,000 car that wouldn't cost £700,Take it up with the dealer that said it was ok. You should have really been their and checked the car over properly.If the dealer rejects any claims phone head office whole your in the dealer and say my car has been damaged and you want it repaired.Or contact watchdog, firms are really scared of public humiliation.Tell them you'll be contacting your lawyer if you don't hear anything within 24 hours. Get a no win no fee on your side.



I didn't think it was that much and TBH I did check the car over and phoned up the warranty co asap as they had arranged the recovery. The quote for repairs was from a main dealership authorised repairer, that was what the warranty company asked for at the time.

Thanks for all the pointers.

Sorry, from looking at the picture you posted (which is upside down btw) - where is the £700 damage?

Original Poster

aircanman

Sorry, from looking at the picture you posted (which is upside down btw) … Sorry, from looking at the picture you posted (which is upside down btw) - where is the £700 damage?



I don't know why the repair estimate is so high TBH, but that was what they've quoted at the repair centre where the warranty people insisted the quote should be done by. The white trinagular bit on the skirt is where the strap has completely gone though the paint and an area above that on the arch is all scuffed up, phone camera is not picking up the detail as well as the naked eye.

What car is it you have

bargain surfer

I don't know why the repair estimate is so high TBH, but that was what … I don't know why the repair estimate is so high TBH, but that was what they've quoted at the repair centre where the warranty people insisted the quote should be done by. The white trinagular bit on the skirt is where the strap has completely gone though the paint and an area above that on the arch is all scuffed up, phone camera is not picking up the detail as well as the naked eye.



A wash would make it 10 times better to start with, personally if you went to the dealer or the tow centre saying there is £700 worth of damage they would probably laugh at you, they would where I live I know that for sure.

If you paid £700 to a company to fix that, they would have a professional touch up company fix it and pay them about £75-100, because it is not worth spraying a whole panel just to fix that very minor damage. Some of it will even polish out.

backtothecaves

I am ashamed to be part of this community sometimes. The responses on … I am ashamed to be part of this community sometimes. The responses on here could be more supportive, or just omitted. I hope you manage to get recompense.



I agree with you. Found that myself the other day when I asked my first question on here. Some people took the time to try & help and advise.

Others just were unhelpful, rude & absusive.

sustar

I agree with you. Found that myself the other day when I asked my first … I agree with you. Found that myself the other day when I asked my first question on here. Some people took the time to try & help and advise.Others just were unhelpful, rude & absusive.



There wasn't a single unhelpful, rude or abusive post in that thread. Evidence. You just didn't hear what you wanted to hear and threw a strop. And now you're jumping into someone else's thread to continue - classy.

Original Poster

aircanman

A wash would make it 10 times better to start with, personally if you … A wash would make it 10 times better to start with, personally if you went to the dealer or the tow centre saying there is £700 worth of damage they would probably laugh at you, they would where I live I know that for sure. If you paid £700 to a company to fix that, they would have a professional touch up company fix it and pay them about £75-100, because it is not worth spraying a whole panel just to fix that very minor damage. Some of it will even polish out.



If thats what the manufacturer approved repairer wants to charge, then thats what they want to charge. I was told by the manufacturer warranty people they want a quote from "Manufacturer approved bodyshop" and thats what they got. I really don't understand your point about "it's not a £700 repair because I know that smart repairers etc would probly charge ~£100 however in this case that quote is from the "Approved Repairer" and I know I could not wash the damage away or polish it out as the paint is laquered and pearlescent finished.
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