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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 7849
Experience:  English solicitor with over 12 years experience
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I need to speak to someone regarding a claim against me for

Customer Question

Hi
JA: Hi. How can I help?
Customer: i need to speak to someone regarding a claim against me for damage to a car
JA: Where are you? It matters because laws vary by location.
Customer: Leeds uk
JA: What steps have you taken so far?
Customer: Communicated via txt and offered to cover some of the damage under good will as there were 3rd parties on site who could of caused the damage.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The damage in question is a manufacturing defect
Submitted: 12 days ago.
Category: Law
Expert:  UKSolicitorJA replied 12 days ago.

Hello,

I am a solicitor and will assist you today.

What do you wish to ask please?

Customer: replied 12 days ago.
I would like to know where i stand in relation to someone asking me to cover damage to a part of a car which is a documented manufacturing defect
Expert:  UKSolicitorJA replied 12 days ago.

Did you cause the damage?

Customer: replied 12 days ago.
Directly no.Brief overview.The car in question (vauxhall vx220 turbo) had a manufacturing defect where the rear body shell suffers from osmosis. This happens when the car is in the cold. This was acknowledged by the manufacturer and and they covered it under warranty.Because of the work i was paid to do the rear body shell was taken off and put outside as there was no room inside the garage. Whilst outside the weather got cold and the osmosis appeared.
Expert:  UKSolicitorJA replied 12 days ago.

Thank you.

In that case, you should defend the claim and say you are not liable.

If it goes to court, you should defend the claim there as well.

May I help further?

Customer: replied 12 days ago.
That was one of the issues with the same customer.There were 2 other issues which have been discussed.There was a process called ceramic coating applied to the car prior to receiving it. Because that process removes every paint defect (swirl marks) touching the paintwork re introduced these swirl marks. I am being asked to pay for the process to be re-applied in full.There was also scratches which did appear whilst the car was in my care however the customer had authorised a 3rd party to do work on the car whilst at my property and the scratches are localised to the area where his 3rd party did that work. Photos of the 3rd party’s work was taken to prove the 3rd party was there and did do work on the car.As good will gesture i have already said i would cover the cost of those scratches regardless of who caused them.I am happy to do that but believe its unfair to cover the price for the aftermarket paint protection application.
Expert:  UKSolicitorJA replied 12 days ago.

I hear you. You should stand firm in that case and refuse to do anything beyond what you have offered as a gesture of goodwill.

All the best

Customer: replied 12 days ago.
Out of interest..If i had been the customer and said i took it to a garage and they damaged my car, and i have now already booked the car in for repair and the garage is refusing to pay the full amount. What would your response be?
Expert:  UKSolicitorJA replied 12 days ago.

If the garage caused the damage and refused to pay for it, I would complain to Trading Standards about them and file a money claim in the small claims court if need be.

All the best

Customer: replied 12 days ago.
Under these circumstances, would i (the garage) likely be accused of causing the damage ?
Customer: replied 12 days ago.
Sorry, likely to be found guilt of causing the damage..Either directly or inadvertently
Expert:  UKSolicitorJA replied 12 days ago.

Not that I can make out from what you have said. They would need to prove on a balance of probability that you caused it and not the third party.

Customer: replied 12 days ago.
what about the manufacturing defect?Would it make a difference is the customer always garaged the car (which keeps it out of the cold) even tho the car was designed to live outside?Also, in regards ***** ***** the customer didnt specifically ask me not to put parts outside or keep them dry at all costs.
Expert:  UKSolicitorJA replied 12 days ago.

Please accept premium service if you wish to continue the Q&A

Customer: replied 12 days ago.
Ok thank you.
Expert:  UKSolicitorJA replied 12 days ago.

Please click the orange button if you wish to accept.