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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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I recently had a car accident, my insurance company was informed

Resolved Question:

I recently had a car accident, my insurance company was informed and my car collected for repairs this is where the problem starts. When my car was returned I noticed that there was now a new dent on one side and a scratch also that my spare wheel was missing and i had no air coming out of the vents when putting on the heating I contacted the garage by email as i am deaf and explained the problems they were very good at first and said they would be in contact to arrange collection of my car to investigate the issues i had raised however they were unable to provide me with a loan car so i had to inform my insurance company so that this could be arranged. The garage is now saying that they didn't touch my spare wheel and that the motor needs replacing for the heating, i except that things can go wrong with a car quite quickly and have arranged for a different garage to take a look at the heating issue but i know that i had a spare wheel and it can only be removed via the boot of my car. The insurance company are saying there is nothing they can do as the garage have said they didn't touch my spare wheel and that they had no reason to even go into the boot however i know that they did go in the boot simply because they made a mess with my stuff in there. i would like to know if there is anything i can do legally as all the insurance company will say is i can not prove the spare was ever there.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : For now please let me know whether you ever saw a spare wheel?

Oh yes the spare wheel can be seen from behind the car and was certainly there when the car was taken away

Alex Watts : Do you know The cost of replacement ?

I'm unsure however i had just recently paid £68 for a new tyre to be put on it

Alex Watts : You need to get a quote for a replacement
Alex Watts : You should get a quote, this forms your loss
Alex Watts : You need to write and set out your losses and request a refund from the garage within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

and then what the garage is refusing to replace it and the insurance company is saying there is nothing they can do

Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I claorfy anything for you about this today please?

would i issue the court proceedings to the garage or the insurance company and also i dont have any proof

Alex Watts : You would have to if the inaurance company refuse

Who do i sue insurance company or garage ?

Alex Watts : Garage. But I would name both as it does not cost any more
Alex Watts : does that help?

ok thank you

Alex Watts : Can I clarify anything else for you?

no i think thats all thank you

Alex Watts : Great. If I could ask you to rate my answer before you go, the button should be at the bottom
Alex Watts : If you need more help please click reply

ok will do

Alex Watts : thanks. Good luck with the claim
Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
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