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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5576
Experience:  Solicitor
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I had an accident in my car in Sept 2016 which was repaired

Resolved Question:

Hi there
I had an accident in my car in Sept 2016 which was repaired by my insurance company.
I have just had the car serviced for the first time at the Ford garage who I lease the car from and they discovered that the repairs were not completed satisfactorily so much so they would not let me drive the car as away as it was unsafe. So I have been driving around for almost a year in an unsafe car.
The Ford garage lent me a courtesy car which I had to pay some additional costs for insurance to them and I also had to put petrol in this car
The original garage has now repaired the car
I am intending to contact my insurers to recoup the costs I refer to above.
My question is should I be entitled to anything else in recompense?
Many thanks for your time
Kind regards
Kathryn mckay
Submitted: 2 months ago.
Category: Law
Expert:  Jamie-Law replied 2 months ago.

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

I assume you haven't been injured?

Customer: replied 2 months ago.
No
Customer: replied 2 months ago.
Not injured
Expert:  Jamie-Law replied 2 months ago.

Ok. Then sadly you can't claim compensation. Only if you had been injured would you be entitled to Anything.

Compensation is used to out you back into the position you would have been in should an incident not have occurred.

In this case you have not been injured and suffered no loss.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.

Can I clairfy anything for you about this today please?

Customer: replied 2 months ago.
It was not about the accident as such it was about the fact that the repairs were not completed properly or safely
Expert:  Jamie-Law replied 2 months ago.

Yes I understand that. But you didn't suffer a failure or injured as a result of the repairs.

I am sorry, but does that clairfy?

Customer: replied 2 months ago.
it does but potentially I could have as I have been driving unknowingly around in an unsafe car for a year
Expert:  Jamie-Law replied 2 months ago.

I agree, but sadly all I can do is tell you the law.

Does that assist?

Customer: replied 2 months ago.
If that's all you can add that's fine
Many thanks but it sort of contradicts what I've been told
Expert:  Jamie-Law replied 2 months ago.

I am Solicitor and deal with RTA claims all the time. I can assure you legally this is the case.

Customer: replied 2 months ago.
No I understand but this wasn't about a rta
It was about the responsibilities of the insurers to provide competent repairers in the garages they use and then their potential liabilities when they are not competent
Expert:  Jamie-Law replied 2 months ago.

Yes. But then there would still need to be a loss, there isn't.

Any liability in contract would be between the insurer and repairer.

Does that clarify?

Customer: replied 2 months ago.
I accept that but as the third party who would be affected by the poor repairs and have been at risk for the past year have been advised that potentially I have acclaim against the insurers
But if you disagree I don't wish to be disrespectful
Customer: replied 2 months ago.
I apologise but my expertise is in family law that's all
Expert:  Jamie-Law replied 2 months ago.

But you can't claim for a theorical loss. You have no actual loss and therefore no claim.

I am sorry

Customer: replied 2 months ago.
Thank you for your time
Expert:  Jamie-Law replied 2 months ago.

No problem. Have a good weekend.

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face at the bottom of the screen, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

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