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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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My classic (1970) V.W. was recently driven to a recommended

Resolved Question:

My classic (1970) V.W. was recently driven to a recommended garage for repairs. While I was away, it subsequently caught fire after a new alternator was fitted. My agreed value insurance leaves me with a £4K shortfall to restore 'faithful friend'
' of 21 yr, Despite the garage approach by by Insurance Broker, do I have a claim for Contributory negligence?
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 9 months ago.

How long ago did this happen?

Customer: replied 9 months ago.
Apologies for the delay, (broadband freeze) On or around 19th August 2016 Fire Brigade gave me an incident number
Expert:  Ben Jones replied 9 months ago.

No problem at all and thank you. Thank you also for the live phone call request; please leave it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 9 months ago.
No problem, please e-mail your response as BT not due to Sat, thank you Adr***** *****
Expert:  Ben Jones replied 9 months ago.

Many thanks for your patience. Whether you can claim against the garage would depend on whether it was their work which caused the fire. Not only that but you would have to show that their work fell below the standard expected of a reasonable and competent garage in their position and that the damage was foreseeable.

In basic terms, did the alternator they fitted or the way it was fitted cause the fire and was it reasonably foreseeable that a fire may have occurred from such work or from such a faulty item. You may have to seek the advice of an independent mechanic to see if they agree the work or the alternator had caused the fire and if that is the case then there is a potential claim there. It is mot contributory negligence but just negligence – contributory negligence would be if you had done something wrong as well which contributed to the already existing negligence by the other party.