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Jenny, Solicitor
Category: Law
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I purchased a high quality, 2010, Mercedes S- class in immaculate

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I purchased a high quality, 2010, Mercedes S- class in immaculate condition from an independent dealer.
On the morning of 16th April, collection date, after driving away from the dealership it caught fire and burnt out. I had travelled 3.1 miles.
Do reclaim all my money from the dealershhip?
Do I wait for my insurers to make me an offer?
Should the dealer refund my purchase price as well as me claiming on my insurance cover?
Thank you.
Roy Swain
Hello my name is ***** ***** I am happy to help you today. Was this a used vehicle?
Customer: replied 1 year ago.
Jenny, had it been new I would have already had it replaced by Mercedes and my question would be redundant. It was a 2010 vehicle.
Even in the case of a second hand vehicle the dealership has responsibility under the Consumer Contract Act 2015, the vehicle should be of satisfactory quality and fit for purpose. As it set on fire on the way from the dealership on collection date it is clear that under the Act there is is a claim. I would suggest you notify the dealer of the incident and ask for a full refund under the Act. You are not entitled to recover twice so you will not also be entitled to an insurance payout. Is there anything I can clarify for you?
Hello Roy is there anything further you would like to know? If I have answered your question I would be grateful if you would take the time to rate my answer.Thank you and all the best.
Customer: replied 1 year ago.
Thank, so arguably there was no need for me to make a claim on my insurance?
Is a dealer obliged to maintain their own insurance for such a loss, in this case a cash price of £19,000?
Yes arguably it is the dealership's problem not yours as it was clearly not fit for purpose or of satisfactory quality. I would imagine the dealership would have insurance in place to cover this situation. They may try to tell you that you should claim on your insurance in an attempt to evade liability.
Hello is there anything else Roy?
HI Roy if I have answered your question please remember to rate my answer before leaving the site as I am not otherwise paid for working on your question. Thank you and all the best.
Customer: replied 1 year ago.
The dealer has "verbally" offered that I should not be out of pocket following outcome of my insurance claim. I am concerned that the dealer claims £19,000 on their own insurance. Then if, in theory, my insurer pays me only £17500 then the dealer, having claimed £19000, has only to pay me a mere £1500 to compensate for the differential loss, thereby benefiting from the event. These are all concerns prior to formalising my claim on the dealer under the 2015 Consumer Rights Act.
If your insurer is dealing with the claim and it is the fault of the dealer then they can seek to recover their losses from the insurer, they will not want to bear the burden. What is the position have you already lodged a claim with the insurer?
Customer: replied 1 year ago.
Yes I claimed immediately on the date of the fire.
did you tell the insurer this happened on collection of the vehicle from the dealer?
Customer: replied 1 year ago.
I certainly did. (I'm sure you can imagine I was utterly shocked having to watch a very nice vehicle burn within 15 minutes of ownership)
Well as long as you do not end up out of pocket then I wouldn't be unduly concerned. Have you now formalised your claim against the dealer under the Consumer Rights Act?
and yes I can imagine it must have been very shocking!
Customer: replied 1 year ago.
Thank you. While talking to you I have a call from my insurers confirming payment of full invoice value, less my policy excess. I now know exactly what to claim from the dealer for all out of pocket costs.
This morning the event is reaching a conclusion.
Thank you
Over and out.
Thanks Roy glad you are sorted. Please do remember to rate my answer before leaving the site. Thank you and all the best.
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