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accident

Last post Mon, Jun 29 2009, 8:28 PM by huckster. 6 replies.
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  •  Sun, Jun 28 2009, 10:11 PM

    accident

    My daughter has been in a collision in a car she had borrowed from the garage which she bought her car from. The car she bought has had problems and was taken in for repair.

    The accident was her fault. She is third party fire and theft in her car. What cover has she got for the borrowed vehicle?

    Also her friend was a passenger and has been injured slightly as well as my daughter who has hurt her leg. What do we do now?

    • Post Points: 20
  •  Sun, Jun 28 2009, 10:44 PM

    Re: accident

    Hi

    The garage should have Insurance cover for the car and drivers who have temporary loan of it. If they expected your daughter to arrange cover, they should have brought this to her attention and got her to sign a form. Contact the garage when it opens on Monday and they will provide details of their Insurance and take this forward.

    I have checked the policy wording of the largest UK car Insurer and cannot see that it provides any cover for a car loaned out by a garage, not even liability to 3rd party driver/car or your daughters friend for injury.

    I am sure you will be ok. No garage would lend out a car, assuming any customer will arrange comprehensive cover without telling them.

    Huckster

    • Post Points: 20
  •  Sun, Jun 28 2009, 11:14 PM

    Re: accident

    hi

    my daughter has just informed me she is fully comp on her insurance sorry she wondered if the insurance will cover the car she was driving aswell as the car she has collided with?

    • Post Points: 35
  •  Mon, Jun 29 2009, 9:30 AM

    Re: accident

    Hi

    Try garage first as they should have cover. If they did not mention Insurance to your daughter, this suggests that the garage have their courtesy cars covered.

    Your daughter could check with her Insurers, but as the garage did not appear to give your daughter any contract/legal agreement making her responsible, I doubt they will backdate any temporary cover for the car.

    This is a lesson to anyone viewing this post. If you do borrow a courtesy car from a garage, make sure you know what Insurance is in place. Then if you are in an accident or are stopped by the police you can provide details.

    Huckster

    • Post Points: 5
  •  Mon, Jun 29 2009, 11:23 AM

    Re: accident

    I would expect that your daughter should be covered third party only when driving any other car - as long as that car is not owned by her ......

    But why would this matter ?

    Surely your daughter would not want to have to pay out for the repair of the loan car herself ?

    • Post Points: 20
  •  Mon, Jun 29 2009, 6:38 PM

    Re: accident

    no we do not want her to have to pay but we were told she might have to because she would be third party and the accident was her fault.

    We have since spoken to the garage and they have informed us that she is covered on their insurance but she will have to pay the recovery of the vehicle and would she pay the excess on their insurance. This is about £550.00

    I had a quote at the site of the accident for £102.00 from the AA to recover it but the police advised us to have it recovered by their recoverers and then the insurance would pay it. Otherwise we could not claim it back. When my daughter said they have told her she will have to pay i rang the revory company to find out what the actual charge was and it is £250.00. If i had know this i would have paid the AA to do it.

    I do not know what we can do about this now but thought the initial recovery would have been covered by the garages insurance. They then recovered it from the recovery service themselvesso are obviously charging my daughter which again i would have thought they would have been able to recover

    Anyway thankyou for all your help and advice

    • Post Points: 20
  •  Mon, Jun 29 2009, 8:28 PM

    Re: accident

    Kay

    Contact your local Trading Standards . The garage cannot expect your daughter to pay any sums because from what you have said, they have no legal contract/agreement to enforce this if she did not pay. The garage are trying to take advantage of your daughter by asking her to pay amounts for which she has not signed any legally binding agreement.

    Check all your daughters paperwork that she was given by the garage. Is there any mention of conditions relating to courtesy cars? The garage should have informed your daughter verbally to read any conditions before she drove the courtesy car away.

    I am sure Trading standards will back me up on this and you can then tell the garage with some authority that they are wrong. Regarding the recovery of the vehicle, again if the garages documents do not transfer legal responsibility for this to your daughter, she does not need to pay.

    http://www.tradingstandards.gov.uk/

    Good luck

    Huckster

    • Post Points: 5