Garage have written off my car - AIBU to want more than what they have offered?

(20 Posts)
UpInTheAirAgain Tue 28-Oct-14 16:38:02

Well known garage chain caused massive damage to my car's engine while changing the auxiliary belt and according to them, the cost of repairing it is more than the car's value. The car was not booked in for the belt to be changed (it needed a part on the suspension replaced) but they rang me and said it needed to be changed urgently so I told them to do it not expecting they would fuck up the whole engine!

We have had the car for 10 years, it's a 7 seater family run about which I use for the school run etc and we decided to pay out for some major repairs to keep it going for longer as we didn't want to upgrade it just yet as we have just replaced DHs car.

They have offered to find me a replacement car which is all well and good but I have had to spend out over a thousand pounds in the last 6 months on repairs to the car which has now been completely wasted including a new steering rack, brake discs, tyres and cam belt.

The replacement car they get me may well need to have money spent on it as it will be a used car and they will not be able to give me a warranty.

I want a replacement car as well as a cash reimbursement for the money I have spent on it which I have receipts for. The garage have refused to do this as according to them they only need to give me a 'driveable' car. DH thinks we should just accept this.

AIBU?

TwinkleDust Tue 28-Oct-14 16:40:06

Check if you have any legal cover thrown in with your car or household insurances, and get some independent advice.

Bumpandbaby2014 Tue 28-Oct-14 16:41:10

Message withdrawn at poster's request.

Vycount Tue 28-Oct-14 16:44:49

Speak to the company you have your car insurance with. The garage are trying to circumvent insurance.
My OH is a self-employed mechanic, he says if you damage it you repair it, regardless of the cost of the repair. Or you pay the customer the market value of their car so they can buy a replacement. But really, you deal with it through insurance if you're not prepared to do the right thing and sort out your cock up!

MrsPiggie Tue 28-Oct-14 16:45:20

I don't know what the legal position is here, but I suspect they are right. I think they have to pay you for the value of a 10 year old car (same make and model, obviously) . Put it this way, if your car was totalled in an accident, the insurance company wouldn't pay for past repairs, just for the value of the car. Same if you went to sell it.

Vycount Tue 28-Oct-14 16:46:36

"They will not be able to give me a warranty" - bollocks! But I wouldn't accept a car from these people anyway, they sound as dodgy as hell. Just contact your car insurance company.

Inertia Tue 28-Oct-14 18:45:54

I can't see what difference it makes to them what the car is worth - they are not your insurance company. They should be replacing all of the parts they damaged.

I would contact Trading Standards.

TartinaTiara Tue 28-Oct-14 18:47:46

They need to repair the damage they've done. Not your problem if it costs them money and that it's more than they think the car's worth - it's not their call to "write it off".

DiaDuit Tue 28-Oct-14 18:52:30

They have to absorb the cost of repairing the damage they caused. It doesnt matter if it is more than the car is worth because YOU arent paying for it. It would only be relevant if you were going to pay it yourself. They have to pay for the cost of it being restored to the condition it was when you brought it in plus whatever repairs you had initially agreed to which you will pay for.

WalkingInMemphis Tue 28-Oct-14 18:55:32

I'd also insist that they fix my car. Even if the repair cost them £5,000 for a car worth £600.

Tough to them. They broke it, they need to fix it.

NorrisCole Tue 28-Oct-14 19:00:08

I'd insist on taking the car elsewhere to be repaired and send them the bill.

Tiredmumno1 Tue 28-Oct-14 19:04:13

They could repair it for quite cheap surely? My DH says all they need to do is source another engine of the same age and roughly same mileage, and just change it.

Tiredmumno1 Tue 28-Oct-14 19:05:25

Also wanted to add that of course if they break it they fix it, don't back down.

inabeautifulplace Tue 28-Oct-14 19:05:27

Agree with the others. They have never owned your car and cannot decide to scrap it and give you a replacement, as it isn't damaged beyond repair. I would insist that it is repaired. If they refuse, you should have the right to collect, repair elsewhere then take them to court. Suspect they will cave in and fix it for you.

They're never going to give you the value plus work done. Not a chance.

Topseyt Tue 28-Oct-14 19:15:39

If they carried out the work which ruined your car then they are liable for the cost of repairing it, regardless of what the car is worth. They should have all the relevant professional indemnity insurance in place if they are reputable, and of course any work they carry out has to be guaranteed.

Stand your ground and insist they repair your car, at no extra cost to you. Surely the garage are not in a position to write a car off if a repair goes wrong?? That is done by the car owner's insurance company following damage due to an accident or other event when out and about, or it was when it happened to me some years ago.

Also, it is bollocks that you cannot have a warranty on a used car. There are warranties available, and one would normally be in place if the car was purchased from a reputable dealer (as opposed to a private seller).

magoria Tue 28-Oct-14 21:18:17

I would back up a step and get proper advise not from the biased garage that wants to save itself as much £££ as it possibly can.

You should only be liable for the original costs you agreed to (less a hire vehicle for the time it takes them to fix your car). They should suck up the cost of the damage they have done.

As others have said would you trust them to do the repairs properly? A different garage and them paying may be better.

That is why they have insurance!

Don't accept their decision that your car is a financial write off that is not their call!

Mrshoff Tue 28-Oct-14 22:57:27

Are you an aa member? Talk to their legal dept for independent advice. The garage should be claiming the cost of repair from their insurers, not offering you a sub standard replacement.

Vycount Wed 29-Oct-14 08:48:14

Interested to know how you're getting on with this Op. Hope news is better now.

UpInTheAirAgain Wed 29-Oct-14 12:57:44

Well I emailed the garage last night stating that I wanted the car repaired. Am awaiting a response.

My insurance co won't deal with it as it was not a motor accident, they have reiterated that Kwik Fit's insurance company should be. Funnily enough they have not mentioned their insurance at all, just said that the car was not cost effective to repair.

Thanks for all the replies.

RAFdad Thu 04-Aug-16 14:18:56

Message withdrawn at poster's request.

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