Ok van in for service today. Front bumper and grill gets damaged (needs replacing) by one of their other customers moving his van around whilst my van is on the dealers property. The dealer has told me that they are not liable for the repairs although it was in their care. They have given me the details of company and the diver’s name of the vehicle who has said to them that he will take responsibility, not to me as yet as haven’t been able to contact them.
I really don’t want the hassle of going through my own and the other drivers insurance etc.
I feel that the dealer should just take the responsibility for it and sort it out with the third party them self’s.
Any body had this happen to them and any advice folks?
Cheers
I had exactly the same happen to me a few years back, rear bumper and door damaged.
Dealer came up with the same line hiding behind their own T&C and other party did not want to know.
Parked my van on the entrance to the dealership on a public road, with a nice big arrow pointing to the damage and words of warning to other customers.
Within an hour had a call from the dealership manager and it was sorted.
My local dealer has signs saying they are not responsible for damage done to your vehicle while left on their property.
Van Damaged sounds like some kind of black humour action hero spoof.
Mrs B's GTC damaged whilst at the Vauxhall dealer for a service, was clearly caught by another car, but by who was never established. The dealer took it on the chin, booked it into their bodyshop and sorted it at their expense.
The dealer is under absolutely no obligation to get involved here. If they do, it's going above and beyond what is actually needed.
It looks like the only way forward is for you to contact the other driver and claim through their insurance.
Although a pain, your van was damaged by another driver - not the garage - so your claim is with that driver.
I guess the key issue is who drove it last before the damage happened. If it happened where you parked it then the dealer has more wriggle room. If it was damaged after they moved it, then it's got to be down to them as they decided where to park it.
Either way they should be sorting it IMHO. Good luck getting it sorted.
I think Geoff has it on the technical side - it's a bit like if you drive a friends car under your 3rd party drive any car insurance and park it up somewhere and it gets stolen - it's not insured because it was in your care.
I'd say try nicely with the dealers, then try a bit harder, then do what ski did.
it's a bit like if you drive a friends car under your 3rd party drive any car insurance and park it up somewhere and it gets stolen - it's not insured because it was in your care.
That sounds very made up.
Do you have a source for that info?
It's not in your care once you've parked it. I'm with neal.
^ it's what I was told years ago by my insurance. Driving other cars cover is third party only (as everyone knows) for emergencies although I'm sure we all abuse that a bit.. but I was told the cover extended to time in my care. I.e. If I drove somewhere and parked before driving back, even though I wasn't in the car it was still in my care as the insured driver wasn't using it, so my insurance would be in effect which would only cover third party costs.
Seemed logical to me at the time and I never questioned it. May well be incorrect, but a quick Google and the first result is:
"Driving other cars” cover meets only third-party liability. If you borrow a friend’s car and it is stolen, an insurer will not pay compensation – similarly if you write it off.
Point in this context is that I think that you park at your own risk - there will no doubt be signs saying that. As soon as the dealer moves it then I'd say it falls down to them. You could park it somewhere right out of the way, they move it to outside the front door and Joe bloggs knocks the bumper off - dealer should be liable. If you parked in Sainsbury's you wouldn't expect them to be liable for a bump.
T's and C's a law maketh not.
The van was in thier care, it's was damaged by them for all intents and purposes.
The dealership should make it right, and if they can't afford to, they'll have to use thier liability insurance.
If they cared about customers property that much, they'd pull customer vehicles to the front to avoid such situations
Like driving your van to Waitrose and another customer hits it, and you expect Waitrose to pay for it, thats what insurance is for, and expect your insurance premium to go up as well, as you will be making a claim.
Other supermarkets are available, for non van driving plebs.
you park at your own risk
The vehicle wasn't 'parked' in the normal sense, it was handed/entrusted to a dealership /garage who have a duty of care.
Like driving your van to Waitrose
No. At no point to you entrust your vehicle to Waitrose.
When you leave a vehicle at a garage, for them to carry out paid work on that vehicle they are responsible for it.
Ah yeah, the main difference here is that the garage had your keys and was therefore responsible...
The vehicle wasn't 'parked' in the normal sense, it was handed/entrusted to a dealership /garage who have a duty of care
And the garage cared for it just fine, someone else crashing into it doesn't make them negligent
T's and C's a law maketh not.
This.
Like driving your van to Waitrose and another customer hits it,
I can't remember the last time I went to Waitrose, handed them the keys and went "off you go, then."
The other driver ghas accepted liability, he damaged your van, his insurance will pay probably if they accept it was his fault.
I can't remember the last time I went to Waitrose, handed them the keys and went "off you go, then."
Have you not used the Waitrose cheslsea tractor valet parking service then?! 😯
The other driver ghas accepted liability, he damaged your van, his insurance will pay probably if they accept it was his fault.
I doubt it, it wasn't on a public highway, or a car park where such rules apply.
The vehicle was on private business premises, under the care of said business.
That's how I read it. Your recompense is with the garage, and it's for the garage and the other party to worry about the rest.
And I wouldn't be using that garage again!
Also if you do a normal claim, assuming it goes OK (cough) your insurance renewal will get loaded even for a non fault accident.
The garage are just blowing smoke up your arse and trying to avoid having to rectify the situation.
Just be grateful the other driver is copping to it, get it sorted and move on with your life.
Like driving your van to Waitrose and another customer hits it, and you expect Waitrose to pay for it, thats what insurance is for, and expect your insurance premium to go up as well, as you will be making a claim.
It's really nothing like that though is it.
I have asked a friend who is a service manager at a VW dealership.
He said that as the vehicle was in their care, they would claim on their insurance, and their insurance would claim against the at fault drivers insurance to cover the costs.
That way you don't have to claim on your insurance at all.
It would be different if you had parked there to have a browse around the cars etc, then the car would be in your car, and you would be on your own to deal with it.
That's what the "at owners own risk" signs are to make people aware of.