Dealership wrecked driveway and won't pay up?

[olliepup]

Hi all,

 

Had a car serviced at main dealers.

 

They carried out a routine oil sevice, i took the car away and left it at home about 15 mins, i set off out and down the dual carriageway where the oil light flashed on and went off.

 

I stopped almost immediately and checked under the bonnet, oil everywhere, nothing showing on the dipstick.

 

They came and collected the car and sorted it.

 

I got home that night and noticed a glistening on the driveway, there was a oil slick 9ft by 3ft on my block paving.

 

The drive was immaculate but 8 years old.

 

The garage said whatever it takes we will sort it.

 

They sent a block paver round to assess the damage, as it is porous and it took 3 weeks for them to send someone the oil had soaked in, he said it will all need replacing.

 

The garage didn't like that and sent someone to clean it, garage said it would be 95 percent better and cleaner said 80 percent better, i told them both it neede to be 100 percent better.

 

After 3 attempts to clean the drive and a coating of some crap lacquer the drive is now a shiny grey colour with a oil stain.

 

The dealers insurance has got involved and asked for 2 quotes which i got and both came to around 1400 quid.

 

After about 6 weeks they have come back with a offer of 800 quid.

 

Wrote to the dealer and they have washed their hands of it and said insurance is dealing with it, they think it's a fair offer, i just wanted my car servicing, i didn't take it into the garage and expect to have to fork out 600 quid to make up the short fall for the repair.

 

Solicitor said i could take them to court, do i accept the 800 quid and pursue the other 600 in court, or take the dealer to small claims for the full amount?

 

The end of the day you can't patch it as it will look stupid, and th rest of the drive is dull, grey, and patchy.

 

Any views or advice??

[Conniff]

First you reject the amount offered by the insurance co and ask for the full amount.

Insurance companies 'always' make a reduced offer the first time.

[olliepup]

Yes i've rejected it now and they won't respond to emails or letters, i spoke the dealerships insurance broker who was a to55er, siad i should accept it as it's a good offer, i really wasn't looking for a new driveway when we took the car for service!

 

Specially if it's going to cost me 600 quid.

 

Anyway i emailed them this am stating i've had legal advice and under consumer protection act 1982 the dealer had broken the contract with me so if i can't retrieve the full amount i will be taking this to small claims court.

 

See what they say? if it goes to court and i win it will be in the local paper and the dealership will not want that even though they have washed their hands of it.

[Conniff]

When you win - not 'if', there is no way this could be thrown out.

[olliepup]

When you win - not 'if', there is no way this could be thrown out.

 

I hope so, after re reading my post i think they are not being reasonable and i would win in court as it is unreasonable.

 

I have legal cover on my house insurance which i was going to use but looking online you can do it yourself?

 

Seems fairly straight forward small claims court application?

[Hammy1962]

When you win - not 'if', there is no way this could be thrown out.

 

Just be careful, on another forum I frequent, cos i've just about given up posting on this one! There was a guy who took his beloved car in for a service and the main dealer washed it with a faulty pressure washer, small bits of broken ceramic pressure washer insides put dents in all the panels rendering the vehicle fully b uggered. Independent experts all agreed it was a case of negligence and the dealers insurance refused to co-operate so it went to court, after many, very expensive, delaying tactics from the dealer and it's insurers it finally had it's day in court.

 

They got a woman judge who knew absolutly nothing about anything slightly remotely technical and they quite comprehensively lost, the hearing only took about an hour and she wouldn't even read the expert reports. It has cost the guy about 30K, twice the price of the car.

 

Because of the cost an appeal is out of the question, he is also in trouble for saying naughty things about the garage on a public forum.

 

He has now had to sell the car, he is still in debt and is on anti-depressants.

 

So, be careful.

 

Hammy

[olliepup]

Good thing about my thread is i haven't mentioned any names of dealers and so forth so i can't get into trouble with that.

 

The free legal cover i get with my insurance won't cost me anything and in small claims from what i've researched you don't pay costs if you loose, from what i've read on the small claim fact sheet.

 

The Legal beagels said they would asses the case before taking it to court so i guess if they think it doesen't stand a chance they won't take it on.

 

Thanks for the pointers though and i guess like you say it's down to who your judge is on the day wether it goes your way or not.

 

How on earth did it get to cost him 30k??

 

Can't of been small claims court for that kind of price?

[pompeyfaith]

his claim must of been over £5000 so was a fast track

[wheelergeezer]

He could and should have appealed.

[Hammy1962]

Unusually I agree with most of the replies. I don't think he ever named the dealer involved but if you are clever you can always work it out as the posts progress. His legal 'experts' said the case was watertight but they turned out to be useless on the day.

 

He knows he could and should appeal but it's his house next though................

 

Hammy

[olliepup]

Well from my thread i think you would be hard pushed to know what dealership what brand and nothing liable said only facts and from that they couldn't claim there business had suffered.

 

Anyway i'll wait for a reply from insurance and see what they come up with.

 

Every case is different and i would imagine dents on someones car is hard to prove unless you had pictures of it before it went in at the dealer and after the damage had been done at the dealer?

[Conniff]

The refusal to take due diligence in proceedings by not reading the experts reports means she did not do her duty and she should be reported. Her name should also be given to the gutter press and she should be plastered all over the internet.

 

It wouldn't be wrong to have asked the judge at the time that "if you wont read the evidence before you, doesn't that mean you are biased?"

[olliepup]

All sounds abit weird to me, a judge not reading the evidence?

 

How can you judge any case if you haven't take in all aspects of evidence put before them from both sides.

[Conniff]

Back to the original problem. The company along with their insurer has admitted liability by making an offer. The only sticking point now is the amount of that offer.

 

Get three quotes from professionals and send them in with a hint that further action will be taken if your drive is not reinstated to how it was before the oil drop.

[olliepup]

Yeah cheers Conniff,

 

I did that originally when they requested 2 quotes, so got 2 reputable quotes and sent them in, that's when the offered 800 quid and the quotes were for 1400 quid.

 

I've mentioned legal action under consumer protection 1982, copied the dealer in too, the insurer has read the emails but no reply yet, think i may just phone the bugger as i have is direct number.

 

I'm hoping to hear from them by monday, if not i'll give the solicitors a ring monday?

 

Surely the insurer will act before the dealer gets taken to small claims?

 

Cheers for input.