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Jo C.
Jo C., Barrister
Category: Family Law
Satisfied Customers: 75244
Experience:  Over 5 years in practice
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In early October my local Jaguar dealer completed some minor

Customer Question

Hi. In early October my local Jaguar dealer completed some minor warranty work, including replacing an oil seal. We went away for weekend. Almost home, late at night, emergency oil light started flashing. Drove very slowly home [about 10 miles]. Found a garage open. Put in some oil. All seemed OK.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Sorry, hadn't finished saga! Next day, puddle of oil under car. Jaguar Assistance came, found oil seal had been incorrectly fitted and was sitting in the under-tray. Car transported to garage. Returned in 2 days as AOK. Garage agree to my request for another 1 year's warranty. Next weekend car filled with noxious fumes and smoke from under bonnet; car again transported to garage. Problem - incomplete cleaning of oil. Garage have several more attempts to clean; in end, loan me a car for weekend away. When we return home, we find car has been severely damaged by flooding of the site. Car is a total loss. Waiting for settlement but I will be very much out of pocket and actually unable to replace like for like without substantial extra contribution. Question is, can I recover my consequential uninsured losses?
JA: Have you talked to a lawyer about this yet?
Customer: Not yet.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, this is just the start. I am still waiting for a final settlement figure from my insurers so that I can better quantify my losses.
Submitted: 10 days ago.
Category: Family Law
Expert:  Jo C. replied 10 days ago.

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 10 days ago.

I suppose you are claiming on your insurance company?

Customer: replied 10 days ago.
Hello Jo. Yes. That was a bit of a surprise, as foolishly expected to claim on the garage's policy!
Expert:  Jo C. replied 10 days ago.

Thank you.

You do have a claim against the garage for any excess and there is other out of pocket expenses but if they won't hi then your only option is to Sue at the small claims court.

In principle though you do have a very good claim for the losses that you have suffered as this is just negligence.

Can I clarify anything for you?

Jo

Customer: replied 10 days ago.
Would prefer just a brief overview at this stage please. I am retired so do not want to take, or even threaten, legal action unless there is some strong possibility of success.
Expert:  Jo C. replied 10 days ago.

You are responding to an answer?

Customer: replied 10 days ago.
Thanks, your response crossed with mine. It is the so called 'Gap' replacement cos that I am most interested in recovering.
Customer: replied 10 days ago.
So busy typing with 2 fingers, very slow. What is the limit of recovery in the small claims court please?
Customer: replied 10 days ago.
OK Jo, I'll consider asking for a phone call once my actual loss is clear. Thanks again, good night.
Expert:  Jo C. replied 10 days ago.

You don't need a phone call.

Expert:  Jo C. replied 10 days ago.

Just respond to the answer above.