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Car Advice Needed


alexgash
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I've got a situation that I need a bit of advice on.

 

I took my car in for an MOT (Mitsubishi FTO), went off into town and returned 2hrs later to find out it has failed and get this they had managed to have an accident! The guys in the garage had taken it upon themselves to take my car out for a test drive, forgot to secure the bonnet and BANG! bonnet flies up causing lots of damage. Am I able to claim compensation and if so how do I go about it?

 

cheers

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Motor traders have to have a motor traders insurance policy.

This covers employess working there being allowed to drive vehicles in their care and control.

 

They are ultimately resposnsible for any damage or loss occured while they have the vehicle.

 

In the first instance you should talk to them and see what the procedures are.

 

Also look at your own policy to see the conditions.

 

They must have had a need to test drive and as we all know accidents happen thats what insurance is for.

 

:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Since when has an on road test been part of an MOT. I thought the rolling road was to simulate an on road test.

 

Are you sure they were'nt just taking the car out for a spin.

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The spin around the block went out with square wheels, teh little man garages may do it when servicing and getting you ready for your MOT. Ok possibly need for a test drive but.

 

Did the garage have a rolling road?

DId the garage have a forecourt?

Have they advised what they where looking for in teh test drive?

Was there more than 1 in the car?

Are there any independant witnesses?

What garage was it?

and

Have they admitted the neglect?

 

Good place to start ,and sorry for your horrid situation, FTO nice wheels.

 

ADDED

 

Just did some enquiring for you.

 

you need to contact VOSA info for them is on the back of a the MOT slip.

and

If the bonnet catch was secure when you took it in ( they probably had been under it by then) theres no question to liability. ( thats why im hoping they have already admitted liablitiy).

 

They may even want it settled quietly and you get car fixed and some?

MOT stations are on strict guidlines.. they can loose the privalige.

 

The garage insurance should pay out with out you having to do much.

 

hope its as easy as what my chap advises.

 

BL

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Yeah garage monkeys probs thought "oh wow look an FTO lets go and letch at some girls in it and pose no one will ever know"

 

Hope you get it sorted

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Yeah garage monkeys probs thought "oh wow look an FTO lets go and letch at some girls in it and pose no one will ever know"

 

Hope you get it sorted

 

 

...........Until we start flashing our engine ..........????

 

 

;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 4 weeks later...

Hi,

The main answer to your question I don't know,but I DO know a test drive is NOT required for an MOT,I've put more cars through MOT's than I can remember and only once was a test drive needed and that was on a 1978 Range Rover (they have a funny hand brake which can't be tested in the usual manner.

There is no need to drive a car for an MOT as everything is testable in a garage stationary,if say they said "we had to test the brakes" they would be lying,the brakes can only be tested to the required standard by being hooked up to a roller,a simple test drive is not legal.

On no part of the MOT is driving required.

Hope that helps.

 

Rog

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Also after they have repaired all the damage for free you need to seek compansation now that your car has been damaged it will show up on a hpi check when u come to sell it. So the compensation is for them devaluing your car by smashing it up.

Lloyds Data Protection sent 22nd June 06

First Letter Sent to Lloyds 5th July 06 for £2267.75

2nd Letter Sent 19th July 06 for £2273.19:lol:

Black Horse Data Protection act sent 6th July 06

Egg Data Protection Act sent 6th of July 06

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A good garage should just put you in a courtesy car whilst they fix yours. Not sure how it would show up on HPI as being damaged/repaired (unless it is a total loss) whoever repairs it. If they put you in a courtesy car and repair yours to your satisfaction, I do not see that you would have much to be compensated for.

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A good garage should just put you in a courtesy car whilst they fix yours. Not sure how it would show up on HPI as being damaged/repaired (unless it is a total loss) whoever repairs it. If they put you in a courtesy car and repair yours to your satisfaction, I do not see that you would have much to be compensated for.

 

 

If he has not got a case for claiming here then why not?

 

They were negligent for a start and their service was not up to scratch.

The guy has obviously been inconvenienced and suffered in more ways than one here.

 

A good brief will sort out a case.......although theres people here who are as clued up as the briefs.

;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I was not wishing to sound negative, what I mean is yes the garage were obviously negligent, however the law only allows you to be put back in the same position you were prior to the tortious act, so therefore if there was little or no inconvenience (ie reasonable courtesy car provided) and the car repaired properly (if nec confirmed by an independant engineer), the garage have made amends for their negligence. They may want to go the extra mile to keep a customer and avoid claiming on their own insurance.(avoiding the insurance claim may be the reality)

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Dear Alex

If you are out there i notice you have not been back to let us know how you are getting on, i hope this isnt causing you to much stress, and i am realy interested to know how you are doing. so if you are out thier give us a nod.:)

 

Bl

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  • 1 month later...

Why put car in for MOT..u not just get certificate off the net ..PMSL

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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Why put car in for MOT..u not just get certificate off the net ..PMSL

 

Not a constructive reply..........I Hope you are not advocating what it looks like.

Joke or not.........please dont post comments like this !:?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Why put car in for MOT..u not just get certificate off the net ..PMSL

 

This is a stupid, illegal and dangerous suggestion.

The Consumer Action Group disassociates itself from this kind of suggestion.

 

To use a car which needs a forged MOT is to put the lives of others at risk for the sake of a repair bill.

 

I hope that we won't see a repetition of this kind of suggestion even as a joke.

 

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