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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47367
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I took my car in to the local garage service. They had an

Customer Question

I took my car in to the local garage for a service. They had an accident, leaving a rag in the engine which got sucked in to the engine and split the block. The car needs a new engine and the garage's insurance say it is not economical to repair. I am saying that I want the car repaired and they are saying that they want to just pay me the value of my car. I will not be able to get an identical replacement for the money they are offering. Can I insist they repair my car ?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

Has the garage owner contacted his insurance company regarding this?

Expert:  Ben Jones replied 1 year ago.

Or did they ask you to contact them instead?

Customer: replied 1 year ago.
I am in contact with the Garage's insurers Aviva
Customer: replied 1 year ago.
The garage had initial contact with them
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. Whilst the garage will be at fault due to their negligent actions, you cannot force them to repair the car. They will have liability to try and place you, as far as is reasonably possible, in the position you would have been had their negligence not taken place. However, that does guarantee a repair and if it is indeed economically unviable to repair it, then they will be able to pay out the car’s current value instead. You may not be able to get the same car that you had or in the same condition, but you are getting the value of the car as it currently stands so legally you have been compensated for the losses you have suffered. You may wish to try and pressure them into agreeing to a repair but you cannot force them as mentioned and the final decision rests with them. Instead you could try and arrange the repairs yourself and pursue them for these costs but that will be risky to an extent as you may only get compensated for the value of the car rather than the value of the repairs. Nevertheless it is an option should you be adamant that a repair is all you need.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide to repair the car yourself and chase the garage for these costs, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
But I can insist that they give me the value that would allow me to purchase a similar car of same make, model,specifications ,age and mileage?
Expert:  Ben Jones replied 1 year ago.

Thank you. The value that they would compensate you for would be the current market value of your car.

In terms of trying to get potential compensation from them, whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

Customer: replied 1 year ago.
Would it be acceptable to find similar cars for sale at a volvo dealer or in auto trader and use them as a fair price?
Expert:  Ben Jones replied 1 year ago.

yes that is possible

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