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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12071
Experience:  30 years as a practising solicitor.
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At the end of August, I had an non fault accident I was

Customer Question

Hi, At the end of August, I had an non fault accident I was asked by my car insurance company (Eldon insurance) to put my car in to be repaired by a garage called (Auto sphere) in Edinburgh.
As the it was a minor scratch to the back bumper, back quarter Panel and back wheel I expected this to be back in the matter of days, I asked the garage to also paint the other wheels so they all looked brand new which they did and I payed the difference when I came to collect the car.
I soon found out things weren't right when I was driving home and all the car started shaking and bouncing about the road at 50mp. As I was on the A1 (A VERY BUSY MOTORWAY) I felt very vulnerable as I had to slow down to 30mph. I called Auto Sphere and the asked me to get out the car and check the wheels to see if it had any shiny weights in the wheels with I informed them it hadn't, they asked me to bring it back, this I did having to drive at 30mph a back along the A1 a very busy motorway, (I have a recording of the steering wheel shaking as it was so bad). at this time there was no warning lights on the dashboard and I have never had anything wrong with this car since I have bought it and if I there was anything wrong with it I would have had it fixed as it was still under warranty.
I received another call from the garage telling me they have sorted this so I made the trip back to the garage to pick up the car and soon found out that the car was still shaking and bouncing about at 70mph and this time warning lights came on. I pulled over and called the garage again and told them it was still unsafe to drive, I was back on the A1 and warning lights were coming on this time, I was told by the mechanic that the oven for drying paint can cause lights to come on and then I was asked again to drive it back which I did feeling
very vulnerable and unsafe as the steering was pulling left and right and the whole car shaking.
The man said at the garage that he would try and put it through on the insurance, I told him I just wanted it back in the condition I gave them it in.
I called back regularly to find out the condition of my car to be eventually told that they were sorry but the couldn't put it through on the insurance and to stop calling them and deal direct with my insurance which I did.
getting to talk to my insurance is not an easy thing as you have to go through many avenues before you can get to speak to the right person and each call takes an hour telling the same story as I'm telling you now, and as I own and run my own business my time is precious.
I started getting demands from the people that I had the courtesy car from (enterprise) demanding the car back, this became a daily thing. they told me they were going to start charging me for having the car as the original scratch had been repaired. I told them that the garage had broke my car and weren't talking to me and I wouldn't have a car.They told me this wasn't there fault and I would have to bring the car back or be charged for having it.
Ive called my insurance going through the same rigmarole and spending time on the phone when I should be working.they called enterprise and I got the courtesy car longer.
I asked my insurance to put it into Range Rover for a full diagnostic check this will tell them when the red light first came on and say for certain that the car was damaged in their care as I have been saying all along.
I received a call today from my insurance saying that they had sent a guy to go out and do a diagnostic check and said the suspension was at fault and was on the opposite side of the scratch and the bump wouldn't have done this. I agreed with her and told her the whole story that I'm telling you now and informed her that the garage have damaged my car and is unsafe to drive. she the proceeded to ask for the car back as the third party wouldn't pay for it any more and the suspension has leaked before on my car before. I informed here that it was still under warranty with Range Rover and I would have had it fixed if it did
I asked for the time of the red light indicator coming on as this would prove the damage was done in their care and she informed me that she didn't have that information. I informed her that I asked for it to be taken to Range Rover as they give the full time and date of the warning light coming on. she informed me she has sent an email to the garage asking for the date and time and would be calling me tomorrow.
My car has been in the garage now for two months and has run out of mot which was booked in for the 16th of November and warrenty which ran out at the same time. This situation has caused me much stress and time which I don't have never mind putting myself in danger driving an unsafe car up and down the A1 twice. I still have the recording of the steering wheel shaking the first time I picked the car up without any warning lights on the dash
I then said to them that I had been to Range Rover in Edinburgh and asked if t
Submitted: 4 months ago.
Category: Scots Law
Customer: replied 4 months ago.
I had a call from the garage manager asking what was going on with my car. I had to laugh as he was the one with the car and had broke it. I went in for a chat but I recorded him with a recording device both video and audio.
He admited that there was no warning lights on when u brought the car in and they had done a diagnostic check on it as well and seen nothing.RegardsNick
Customer: replied 4 months ago.
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Customer: replied 4 months ago.
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Expert:  JGM replied 4 months ago.

Thank you for your question. I am a solicitor in Scotland. I will read over the detail but in the meantime can you tell me what your insurance company are saying about this now that you have told them that the fault happened whilst the car was in the custody of the garage? I will be offline until later this evening but I will come back to you.

Customer: replied 4 months ago.
Hi. I’ve told them from the beginning that the fault was done in the garage and at first the garage didn’t want to know. But I’m speaking to the manager who says he wants a full diagnostic as well as making me happy by getting to the root of the problem.
I’ve requested that it gets taken to Range Rover who can tell me the date and time of problem starting but they sent an indipedant resin out who went to the garage and was asked to wait 20 mins for the car to be put up on the ramp so he could inspect it. He said he couldn’t wait and left and never came back.
I received a call yesterday from my insurance saying that an inspection had been done and this fault had happened before. I called back the garage this morning to make sure the independand mechanic hadn’t come back and they said he hadn’t. I called the insurance to tell them that their man hadn’t inspected the car as could be verified by the garage.
They told me the would calll me back by the end of the day but haven’t.
I’ve told them about my disappointment about my treatment and how much stress and time this is costing me and I’m now seeking leagal advice
Expert:  JGM replied 4 months ago.

Thank you for your response. Ultimately the garage are under the employ of the insurance company and so it is the insurance company that you have to pressurise to get this sorted for you. It is very frustrating; I’ve been in a similar situation as you in the past. From a Legal point of view you have two course of action. You can complain to the ombudsman and/or you can take the insurance company to court for your losses and for the cost of the car being out right, presumably by a properly qualified manufacturer qualified mechanic. That is what you need where what I presume is simply a repair shop has caused damage in a way so far unknown. Both of these options take time unfortunately so in the meantime you are going to have to get further up the ladder at the insurance company. I found that writing a detailed email to the head of the insurance company helped. You can find the email address of most of these people at Try that and let me know how you get on. Happy to discuss. I hope that helps. Please leave a positive rating so that I am credited for my time.

Expert:  JGM replied 4 months ago.

Sorry, that should be