Help! I damaged my car on Garage property, but I feel it's the garage's fault!

[sophes]

Right, I bit the bullet and called the garage.

The gentleman told me that he is the new owner, as of 2nd April. (My damage happened on 30th March). He said he took over on 2nd April and the previous owner has moved to Spain. I got the registered company number from him which is 4677858 and the date of incorporation is 25/02/2003.

He says he is not liable for the damage but can recommend a cheap body repair shop.

Are they having me on? What can i do?

[buzby]

No - your claim would be with the business operating from the premises at the time of the accident, but more specifically their insurers. Of course, the person you spoke to could be lying, but it may cost a lot more to resolve the issue than just getting a bodysdhop to repair the damage.

[sophes]

Companies House only has one garage under that number registered, and it doesn't look like it's changed hands recently according to their website. i'm just annoyed if they're fobbing me off.

[buzby]

In THAT case, ignore what the 'new' owner said. They must have a public liability certificate of insurance on display somewhere on the premises. Get the details from it. If there is a new owner the insurer will explain this.

[JonCris]

Even if it is under 'new ownership' they can't ignore nor repudiate your claim on the grounds the business was sold without liability. No court would allow it otherwise all manner of legitimate claims would fail.

 

The negilgent owner/employer would simply argue they had sold the company

 

If the 'new' owner didn't obtain an indemnity from the 'old' owner (which is normal) that they would honour any outstanding claims that's their problem not yours. Their insurers at the time are liable

 

Don't listen to their excuses proceed as you would if it hadn't changed ownership. It's for them to bring in the 'old' owner as co-defendant

[sophes]

But having spoken to the 'new' owner this afternoon, he is adamant he is not liable. Should I refer this to my insurance company to handle? i don't know what next step to take if i do it on my own!

[patdavies]

See what JonCris has posted above.

 

It doesn't matter how adamant he is - he's wrong.

 

Have you (or your insurers) had the car repaired? Usually when you claim on car insurance the claim form has a space for your to give an opinion of liability. Simply write in here that you believe the garage to be liable due to their negligence in matters of Health & Safety.