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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I want to sue Mercedes Benz. I got into an accident on 26/01/2016

Resolved Question:

I want to sue Mercedes Benz. I got into an accident on 26/01/2016 and my car is insured by Mercedes and taken to an approved body shop. I have been told that some of the parts would be arriving around April and I am wondering why will a car that is currently being produced take this much time to be repaired. I feel they are taking their customers for granted. Why sell cars without spares or why can't they get the spares from the production plant?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Help what do you want to get out of them by suing?
Customer: replied 1 year ago.
I want to have them deliver the parts latest by first week of March, or they provide a full refund of the car I bought on the day of the accident which happens to be 26/1/2016.
Customer: replied 1 year ago.
or you can advise me on ways to get money off them for taking their clients for granted.
Expert:  Ben Jones replied 1 year ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. is the car usable in the meantime? Are you suffering any losses through the delay in repair?
Customer: replied 1 year ago.
the car is not usable (bumper, bonnet and a headlamp need replacement) and as an IT consultant running a limited company, I need my car to do a lot to shuttle from home to work and I have a professional IT exam I am currently studying for and need to go to the office late at night to study. This is all impeded by this delay.
Expert:  Ben Jones replied 1 year ago.
ave they offered to provide a courtesy car?
Customer: replied 1 year ago.
the body shop has
Customer: replied 1 year ago.
but I haven't taken the offer as I feel it's just a ploy to cause unnecessary delays
Expert:  Ben Jones replied 1 year ago.
So if you take the courtesy car it will be fully paid for and you will be able to continue your job and in reality no losses will have been suffered?
Customer: replied 1 year ago.
This is a brand new (2016) car and I feel money has been paid so now they've shifted their focus is on prospective clients, which is quite unfair. These cars are being manufactured as we speak, why then are they able to deliver 60% of the parts like bonnet, headlights and bumper and not the components for getting these fixed unto the car.
Customer: replied 1 year ago.
it's not just about the courtesy car, I didn't buy a car for it to go through all the wear and tear from sitting idle in a body shop. If they say it's going to be fixed by December, do I just fold my arms and wait because I have a courtesy car?
Expert:  Ben Jones replied 1 year ago.
I understand why you ae aggrieved but in the circumstances you would not really be able to sue them. You have the insurance and they have taken the car in for repairs. Ideally you would want the repairs to be done immediately but that is not always possible. You may expect them to have the parts ready to be used immediately but that is not always going to be the case, regardless of how new the car is. It is also not necessarily a matter of getting the parts, there could be other reasons behind it but you were never given a guarantee that a repair would be done within a specific period of time so you cannot then challenge a delay. Of course there would be circumstances when a delay may become unreasonable, such as your example of December, but a delay of a month or so will not be seen as that unreasonable in law. The key is that you have not suffered any losses as a result of this – the car is being repaired for free, you are being given a replacement car in the meantime, you are not losing any work as a result and whilst you are not driving the car you bought, that is for a relatively short period of time whist the repairs are being undertaken. So realistically, legal action is not the answer here. You would be better advised to pursue a formal internal complaint about the delays and hope that exerting such pressure could prompt the to consider dealing with this quicker or going out of their way to try and resolve this in a faster time than originally proposed. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Customer: replied 1 year ago.
I paid over 60 grand for that car just for it to rot in a body shop, I feel three months is a stretch to get it fixed.
Expert:  Ben Jones replied 1 year ago.
Yes I agree it is not ideal but you will not achieve anything by suing them - there are no grounds to return the car and ask for a refund, the only thing you can do is get the repairs done elsewhere and then hold them responsible for the costs - that is the only way to sue them, but it is risky because there is no guarantee that a court will agree the delay was long enough and unreasonable for you to go ahead and repair it elsewhere
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