13 year old car dropped off at garage on 10 Feb for repair of brakes and CT to be done
Garage said work would start on 11 Feb, should be finished for collection 12 Feb
Garage telephoned me at 17:48 on 11 Feb saying car ready. Because of lateness in the day it was not possible for me to collect car until the next morning, 12 Feb.
Storm overnight. Tree fell on car, small dent to roof at top of windscreen, windscreen broken.
12 Feb visited garage. Saw car. Garage owner said he would repair dent, my insurance company would cover screen repair. I protested, saying not my fault, my insurance should not be involved. I wasnāt even sure if windscreen cover was included in my cover. He then said he would tell my insurance company that the screen was damaged āon the roadā, (presumably while returning from the CT station).
26 Feb I visited. Garage said it would take another week. Still insistent I should claim on my insurance for the windscreen repair.
I paid for the repair of the brakes and the CT they had arranged
I visited my (very local) insurance broker. I told her exactly what happened and the resulting suggestion and insistence about the damage repair. She confirmed no windscreen cover on my policy. She said I should ask garage for their public liability insurance details, the garage should claim on that insurance. Also she advised new windscreen plus fitting might cost towards ā¬1000. She also said assessor from his comany must see car before repair.
Revisted garage. I told him that my insurance would not cover windscreen damage. Even so, he would not tell me their public liability insurance details nor claim on his public liability insurance.
I now feel my best approach is to demand the car back after he has repaired the dent and myself arrange a secondhand windscreen to be fitted elsewhere. I have located a suitable secondhand screen.
Comments, suggestions, please?
Iām sure others would have advice on the intricacies of the situation but Iād be straight to the police station to make a report and see whether they have any jurisdiction to go to the garage (with or without you) and get them to give up the insurance information.
Did you not have the option for the windscreen insurance when you took out the insurance in the beginning as normally it is one of the things that is included so you donāt have to pay for it when it needs to be replaced nor pay any franchise? Most insurers will have this in the policy unless you have the very bare minimum of cover. Another thing I find strange is that the car was left outside overnight, every garage I have ever used, locked clientās vehicles inside overnight if it was a small local garage and not a big dealership because of the current spate of thefts of metal etc.
Iām sure something similar was discussed not that long ago on TF1. From what I remember the garage was liable for the repairs. Let me see if I can find the clip.
Edit: perhaps it was this case that I was thinking ofā¦ Ma voiture laissĆ©e chez le garagiste a Ć©tĆ© endommagĆ©e par un autre client, qui doit payer ? Le 13H Ć vos cĆ“tĆ©s | TF1 Info
It isnāt exactly the same but it mentions the obligation the garage has to return the vehicle to you in the same state it was in when they received it, and what to do if they refuse to play ball.
Surely he has to give you his public liability insurance details?
Otherwise does every business get to avoid public liability by sticking their fingers in their ears and singing la, la, la while you ask for the policy details?
The car is a second car, used rarely, of little value. Hence I judged minimum legal insurance. In 62 yearās motoring, never even a chipped windscreen.
Forgot to mention this juicy bit:
Garage manās ādefenceā is that āI should have fetched the car when he phoned meā.
Also, a question: as a SARL, doesnāt the garage have to display itās public liability details?
In the UK yes but they changed to a digital version I believe. Itās a while back I had any dealings but we were part of the EU then so would have complied with those rules. Have you the legal protection service in your insurance policy (house or car) if so I would be chasing them first.
Bollocks, as Iām sure you know they still have a āduty of careā (ETA: or whetever the French equivalent is) when customersā property is on their premises.
Sounds like their insurance has lapsed or they have been unlucky and breached some sort of limit on it.
A lawyer here might advise different but the last thing I would do is collect the car. Theyāll wash their hands of it if you do. Instead by registered letter (LRAR) I would send them a Mise en Demeure giving a brief summary of what happened on what date as you have done here and requiring them to return your car within 8 days (or 15 if youāre feeling generous) fully repaired and in the state that it waa left with them.
You can add that you reserve the right to recover costs for loss of use of the vehicle if ir is not returned to you fully repaired by tbat date.
Do you happen to have any photos of where the car was parked when accidented? If so, hang onto them.
Their insurance is not your problem and your insurance is nothing to do with them btw.
I hope that if Iām wrong with my advice above, someone who actually knows tbis stuff professiomally will step in.
The only thing that occurs to me is could your vehicle be deemed a write-off and you get only a derisory value - I donāt know how that works with someone elseās insurers.
Are they well known and liked locally? Is there a reason to go easy on them?
I think I would go and speak to the Maire of the commune in which the garage is situated.
They are well thought of, in general. For example, they help get cars registered/buying and selling paperwork for people who find ANTS difficult.
I think you have hit the nail on the head.
Be careful. Is the screen āgluedā in or inserted into a rubber gasket? Has the roof dent distorted the windscreen frame?
I think @KarenLot is right. A letter stating the facts and saying you left a car with them that didnāt have a dent in roof and a broken windscreen and you want it back in the same condition. As a concession and given the carās age you might mention you know where they can source a secondhand windscreen to help minimise the cost of the repair.
Iād go easy on them given they sound a lot better than most
But adding to what John Scully has said if their insurance is not covering them then Iād have thought they would go to some lengths not to have that revealed. Hoping the car isnāt a writeoff and that you canāt be forced to accept a poor value of course.
Iāll be very interested to see what happens but I think it sounds like you ahould be flexible where you can if they are struggling.
It should do, otherwise itās not a legit business surely? Chambre de Metiers etc.