Car damaged using car wash (accepted liability)

[unclebulgaria67]

hi im after a bit of advice i recently used my local sainsburys car wash and managed to get stuck in it twice which caused quite a bit of bodywork damage so i reported it to sainsburys head office and they asked me to get 2 vat registered quotes which i done and they confirmed that the car wash was faulty and have decided to go along with the cheaper of the 2 quotes.

the problem i am now having is the car has developed a fault which is far too costly and in my view not worth repairing and sainsburys want to pay the body repair shop directly to have the work done and i have benn offered a part exchange on a newer car and obviously i would have got a much better price for my car if the extra damage caused by the car wash wasnt there so shouldnt sainsburys pay me for the damage caused??

id be greatful for any help

thanks in advance

steve

 

Should be easy to resolve. Get the garage to confirm mechanical fault in writing. Send to Sainsburys explaining that body repairs not going ahead, as you have decided to trade in for a new car. Ask for a cheque for the repair cost, so it can be put towards new car purchase.

 

Yes this should not be necessary, as it is your choice what you do with the damage cost they caused, but if it helps avoid delays, then it might be worth it.

[unclebulgaria67]

Suspect Sainsburys are trying to avoid paying VAT, hence settling with the garage.

 

As your situation has changed and you are not repairing the bodywork, Sainsbury's will have to settle directly with you or you can issue a court claim them if necessary.

[unclebulgaria67]

How would paying the garage directly avoid paying VAT?

 

It's more likely that the insurance company want to pay the garage directly to ensure that the repairs are actually carried and and thar the OP simply doesn't just pocket the cash.

 

I have heard of companies wanting to knock of the VAT and have never understand this. Not saying Sainsburys would do this, but they might have negotiated a discount to the quote the OP obtained.

[unclebulgaria67]

No they pay the repair cost in cash to you. Give them 7 days notice in writing in a letter before claim to pay you or you will issue a county county claim against them.

 

You are not being assertive enough.

[unclebulgaria67]

Letter before action/claim templates are available online if you search.

 

It is simply a letter stating your case.

 

E.g

 

I refer to previous communications with x person/store regarding damage sustained to my vehicle, while using the car wash at x store. Name/person at x store has already admitted liability for damage caused and offered to pay the repair cost.

 

However, the method of settlement in paying the repair garage directly or me making an Insurance on own policy is not acceptable to me. As explained already, the vehicle will now be traded in against the purchase of another vehicle and settlement methods offered are not acceptable.

 

If the damage repair cost of £xxx is not settled directly with me by cash/cheque, i will have n alternative but to issue a county court claim. In the absence of payment within the next 14 days, i will proceed to issue the court claim.

[unclebulgaria67]

Send them a copy of the repair quote again with the letter.

[unclebulgaria67]

But what can i do if the car is unroad worthy and i want to part exchange it for another and the part ex price ive been given is considerably lower because of bodywork damage caused by the carwash?

regards

steve

 

The other option is the repair cosr being paid to the garage where you are buying the new car.

 

Sainsburys obviously think you just want the cash and the carwash damage event might just have been a way to try to make money. Unfortunately that is the way people think these days, the everyone is out to gain cash from accident events.