Car damaged while under garages care

[Mypoorcar]

I use a small independent car mechanics. I took my car in last week for a small repair (engine not body).
It's a 10 year old car and the one small 2p size rust spot at the back is about the worst part of its condition.

Mechanic said he'd contact me when it was fixed. DH went up on the off chance and turns out it was ready. Had been sat for a day.
Except the mechanic told DH it had been hit by another vehicle after it was fixed and was back on the road. He shrugged it off. Said it's unfortunate but it happens on public roads.

DH brought it home and didn't say a word to the mechanic. (Too shocked and didn't know what he should have said)

I've had a good look. The bumper is broken off on a couple of joins so is slightly misaligned. It pops back but comes away again. The headlight has a wobble too so I suspect it's broken on a fixing too. Not to mention the scrapes out of the paintwork.

It's not hugely noticeable and won't be falling off or anything but I don't know what to do. I really really don't want to claim on my own insurance and it's an older car so the value isn't huge.

What do I do? I really don't think that the mechanic would pay up at all. There's no chance. To make him pay I'd have to get my insurers to force him and no matter what they say, it does affect my claim history.

The mechanic is liable. You can either hand this to your insurers to sort out or try to get him to pay yourself, taking him to court if he refuses. Most insurers won't take away any of your no claims discount for an accident where you were not at fault and the other party pays up. What makes you think your insurers are lying to you about this?

Past experience with family. You get higher quotes when you click yes to "Have you made any claims in the last 5 years, even if you were not at fault?"
It's always been like that.

The garage should have a Motor Traders policy. Call them and say 'I presume as you are running a legitimate business you have a traders policy can I have the insurance company name and the policy number please ?'. Then call them direct and claim direct from them as the vehicle was in their custody and control they are liable. Did they get the third party details ? (if the third party exists !)

Unfortunately he says he didn't see who damaged it. It appears to be a builder's type flatbed. The marks are consistent with the rear black metal bar full of rust, higher than a car would be.

I was just thinking if he had the third parties details then he could claim direct off them or his insurers would pay out then claim off the third party.However regardless of this your vehicle was in his care therefore he should be sorting this either through his insurance or repairing your vehicle himself! I doubt he is running a business without insurance (although obviously some people do! ), he wont want to claim off his policy but tough he is liable. He is being unreasonable so dont worry about being assertive with him.

I think I'm going to have to get DH to go up and just ask him outright. I'd be happy for a repair without insurance. I'm such a bloody coward though! I have absolutely no idea how I'm going to say anything. I hate hate HATE confrontation and DH is probably worse than me.
Both DH's and my cars are around 10 years old and have the usual age issues so have been going to this guy for years, paying £200-350 every couple of months for various stuff (new brakes, clutches, exhausts etc).
Whatever happens, he'll not get our business again.

It is awkward when you have been using the garage for years but he is the one that should be feeling awkward not you. Definitely approach him asking for his insurance details, ( I work in insurance claims if you need any advice just ask ) x