Car bumped in dealership - advice needed

stockportaddick

My sons car is a Seat and went in to our local main dealership this morning for a minor recall and service, the car is less than a year old. My son cannot take calls at work and when he finished at six, he had a message off Seat saying a customer had reversed in to his car damaging the bumper, number plate and by the sounds of the message, the tailgate too. They went on to say they had got the details off the person that caused the damage and they would pass this on to my son when he collects his car in the morning.

Now when it comes to legal stuff, I am not overly clued up, but surely with the car in Seat's care and on their property, they should sort this out?

I will be ringing them first thing tomorrow to tell them that we are not taking the car back, they can sort the repairs out and we want a courtesy car while my sons motor is off the road. Am I with in my rights to demand this or does my son have to lump it and sort the repairs himself?

Any advice greatly accepted before my 8am call 

DaveMehmet

I’d get the details of the other party and speak to your sons insurers first.

if you insist Seat do the repairs, they may charge you and his insurance may not pay out.

You also want Seat on your side when it comes to witnessing the incident and confirming with the insurers 

guinnessaddick

Mrs GA had a similar issue last year, had the back light smashed, whilst at the main dealer. Not sure who done it, however I told them that I had left the car in their hands and it was down to them to repair the damage. In fairness, they agreed to that. She had a courtesy car, which he kept until they had ordered the light and replaced it.

Talal

In my opinion as it's a recall (ie you don't really have a choice but to take it to them) they should definitely sort it. But regardless of the legalities you would think they would have the decency to do it as a goodwill gesture anyway. 

Tom_Hovi

Many years ago, my car was being serviced at Fry’s of Lewisham (no longer trading). I got a phone call to say that my car had been damaged whilst in their ‘care’. They initially wouldn’t tell me how this happened and refused to carry out the body repairs unless I paid for it. After having to get a solicitor involved, it then transpired that the damage was caused by one of their employees f*cking about in the workshop with another customer’s car, which then drove into mine - so two customers’ cars damaged. The damage to both cars was repaired at Fry’s expense and hire cars provided - also at their expense. The offending member of staff who’d done the damage was also sacked, which wasn’t what I set out to achieve but hardly surprising in the circumstances. 

SomervilleAddick

If it was another customer who did the damage then I imagine it’s just like any other accident. You deal with your insurance but at least you have witnesses. 

If if they did, then it’s definitely their problem. 

Redrobo

stockportaddick said:

My sons car is a Seat and went in to our local main dealership this morning for a minor recall and service, the car is less than a year old. My son cannot take calls at work and when he finished at six, he had a message off Seat saying a customer had reversed in to his car damaging the bumper, number plate and by the sounds of the message, the tailgate too. They went on to say they had got the details off the person that caused the damage and they would pass this on to my son when he collects his car in the morning.

Now when it comes to legal stuff, I am not overly clued up, but surely with the car in Seat's care and on their property, they should sort this out?

I will be ringing them first thing tomorrow to tell them that we are not taking the car back, they can sort the repairs out and we want a courtesy car while my sons motor is off the road. Am I with in my rights to demand this or does my son have to lump it and sort the repairs himself?

Any advice greatly accepted before my 8am call 

Your sons no claims is not a risk so I would let the insurance company sort it out. 

Addickted

See if they can throw in a bj from the sort on reception.

I'm sure he'd agree.

Rob7Lee

Your son needs to speak to his insurers and assuming he has comprehensive they'll sort it and claim against the third party, it's not Seats fault.

Ultimatum

The ‘law’ has been complied with. Section 170 of the road traffic act says the person must stop and provide details, this has been done. It’ll be up to the insurers now to sort out if its worth paying the excess? May be worth contacting the other driver and see if they’ll cover it.

Seat can’t really be held to account for another persons driving. Although, I get where you’re coming from , I wouldn’t be happy either.

Addickted

Rob7Lee said:

Your son needs to speak to his insurers and assuming he has comprehensive they'll sort it and claim against the third party, it's not Seats fault.

It's private land so common rather than civil law - which makes a difference to the insurance companies.

Rob7Lee

Addickted said:

Rob7Lee said:

Your son needs to speak to his insurers and assuming he has comprehensive they'll sort it and claim against the third party, it's not Seats fault.

It's private land so common rather than civil law - which makes a difference to the insurance companies.

If it is publicly accessible (which i'm sure the seat garage is) the road traffic act applies, which includes insurance. 

Carter

The decent thing would have been Seat to call your boy, tell him what had happened and offer to get it repaired for nixies 

On the other hand you now need to go through the damagers insurance 

HardyAddick

Speak to your insurers to advise them and get advice. You have to tell them anyway. This happened to me when my Audi was in for service - they said not their fault but after a couple of letters, they did the work for free to put it right. 

RodneyCharltonTrotta

They may even have it on cctv if on their forecourt? 

IdleHans

Redrobo said:

stockportaddick said:

My sons car is a Seat and went in to our local main dealership this morning for a minor recall and service, the car is less than a year old. My son cannot take calls at work and when he finished at six, he had a message off Seat saying a customer had reversed in to his car damaging the bumper, number plate and by the sounds of the message, the tailgate too. They went on to say they had got the details off the person that caused the damage and they would pass this on to my son when he collects his car in the morning.

Now when it comes to legal stuff, I am not overly clued up, but surely with the car in Seat's care and on their property, they should sort this out?

I will be ringing them first thing tomorrow to tell them that we are not taking the car back, they can sort the repairs out and we want a courtesy car while my sons motor is off the road. Am I with in my rights to demand this or does my son have to lump it and sort the repairs himself?

Any advice greatly accepted before my 8am call 

Your sons no claims is not a risk so I would let the insurance company sort it out. 

Even if his NCD is unaffected (and it's a no claim discount, not a no blame discount), it's entirely poissible the insurers will still raise his premiums next year. Find out if that's the case and if it is, claim for that off the other drivers insurers too. They are obliged to put him back in the position he was before their insured hit his car.

stockportaddick

Thanks for all your replies, I think I'll approach it tactfully and see how the call progresses. I take your points on board that it is not actually Seat's fault but feel they could have offered just a little help bearing in mind they have a state of the art body shop at the dealership!

stockportaddick

Update. Turns out all my worries were for nothing. The original, dismissive message left on my sons phone should never have happened and it was done by a junior member of staff.

Seat are sorting everything, the car will be repaired today and ready tomorrow morning. They offered a courtesy car but my son declined because a co worker is giving him a lift. They did say this was a goodwill gesture because as other posters said, it was not Seat's fault.

One good result already today, just need another tonight now!

Covered End

stockportaddick said:

Update. Turns out all my worries were for nothing. The original, dismissive message left on my sons phone should never have happened and it was done by a junior member of staff.

Seat are sorting everything, the car will be repaired today and ready tomorrow morning. They offered a courtesy car but my son declined because a co worker is giving him a lift. They did say this was a goodwill gesture because as other posters said, it was not Seat's fault.

One good result already today, just need another tonight now!

How disappointing. I wanted to be outraged on your behalf :-)

Lincsaddick

'Your vehicle is left on the premises at your own risk. We take no responsibility for any thefts from or damage to your vehicle'
That is a common 'get out clause' found posted up in many car parks and on 'private' premises.