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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I bought a Jeep Cherokee (54reg) about 5 months ago I need

Resolved Question:

I bought a Jeep Cherokee (54reg) about 5 months ago I need it for towing a trailer. I have now received a recall for the vehicle for a safety bar between the fuel tank and the rear bumper to protect the fuel tank in the event of a rear end collision. I have returned it to the garage for the modification. I am told that with the modification there is no room for the tow bar to be fitted, however I can sign a disclaimer form and keep my tow bar. The vehicle is a diesel. Two points, without the tow bar the vehicle is not fit for purpose which would mean I would have to change it and be out of pocket probably, the other point is that if I sign the disclaimer the modification will not be done and my insurance will probably be null and void. What is the best course of action.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether it was new or used?

Customer:

Used.

Alex Watts :

How old was the car, miles and what did you pay?

Alex Watts :

Did it have a warranty?

Customer:

Year 2004(54REG) 50,000miles, Paid £5,495. 12 months warranty.

Alex Watts :

What is it you would like to achieve as a result?

Customer:

The modification completed with the tow bar fitted.

Alex Watts :

But they are saying they can't do that?

Customer:

Yes, both the Jeep garage in Yeovil where I took it for the modification they said there was no room for the tow bar once the modification was done and Jeep central office customer relations who said they had no way of resolving it..

Alex Watts :

Ok, so its either modified and you lose the towbar or its not done and you sign a disclaimer?

Customer:

Yes.

Alex Watts :

Have you had a second opinion?

Customer:

No I have not sought a second opinion as I was under the impression that as it was a Jeep modification and I took the vehicle to a Jeep garage they would have the appropriate modification.

Alex Watts :

Ok - so if there is no room, what is it you want to ask of me?

Customer:

I need the vehicle to have a tow bar. If I have to go without the modification and sign a disclaimer would my insurance still be valid? Or would the insurance say that as the modification was required and I had not had it done they could not insure the vehicle.

Alex Watts :

Whether your insurance would be valid would be a question you need to ask the insurance company.

Alex Watts :

They may or may not continue to insure.

Alex Watts :

Of course it depends on if you were involved in an accident whether the modification (or lack thereof) would have made any difference.

Alex Watts :

If the answer is no, then the insurance company should pay up.

Alex Watts :

If there was an incident and it was related to the modification you should have had, then I imagine they will void the insurance and refuse to pay that claim

Alex Watts :

Does that make sense?

Alex Watts :

So check with the insurance.

Alex Watts :

But I can't see how you can make them do the modification but keep the tow bar, if it simply can't be done.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

We have just tried a larger Jeep franchise who say that they can assure us that the insurance companies will accept the vehicle without the modification. Is it best to contact our insurers?

Alex Watts :

Yes without doubt and make sure if they agree to cover, they put it in writing

Alex Watts :

Then you are under no illusion and they later can't say, well we never said we would

Alex Watts :

Does that help?

Customer:

Thank you very much for your help.

Alex Watts :

Can I clarify anything else for you?

Customer:

No thank you thats fine.

Alex Watts :

Ok. If I could ask you to rate my answer before you go today - it should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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