DJButler Posted April 5, 2011 Share Posted April 5, 2011 Hi, anybody got any ideas on the insurance situation with this, a guy I know is a part time driving instructor with his own dual control car, he was at his other job and realised his car needed MOT so he rang a garage and they picked the car up to MOT and service it. Later he got a phone call to say the car had been taken from outside the MOT station. They have lent him a vehicle while they try to sort it out, he's not a very happy man and wonders whose insurance should cover it. I reckon it's the garages responsibility, what do you think?. Quote Link to comment Share on other sites More sharing options...
Stephendjb Posted April 5, 2011 Share Posted April 5, 2011 Garages responsibility/insurance should sort it out. Quote Link to comment Share on other sites More sharing options...
Supra Gaz Posted April 5, 2011 Share Posted April 5, 2011 The garage is also a victim of theft here, while the car was in the garages care it is under the garage insurance, same as if a mechanic was to crash it etc. They will odviously try to deny this as no claims etc goes out of the window. Quote Link to comment Share on other sites More sharing options...
Swampy442 Posted April 5, 2011 Share Posted April 5, 2011 It was in their care at the time, Id say the garage should cover it Quote Link to comment Share on other sites More sharing options...
Chris Wilson Posted April 5, 2011 Share Posted April 5, 2011 The legal eagles in uk.legal.moderated will give some answers. Quote Link to comment Share on other sites More sharing options...
KamaSupra Posted April 5, 2011 Share Posted April 5, 2011 It was in their care at the time, Id say the garage should cover it ^^^^^ Yeah that Quote Link to comment Share on other sites More sharing options...
Chris Wilson Posted April 5, 2011 Share Posted April 5, 2011 What about disclaimer notices, such as this one as part of Ryedale District Council's car park conditions? Do they absolve the garage if the car was locked? If they had locked the car they were hardly negligent. Disclaimer Ryedale District Council accepts no responsibility for loss or damage to cars parked in this car park or the contents thereof unless such loss or damage is caused by the negligence of Ryedale District Council. Quote Link to comment Share on other sites More sharing options...
wile e coyote Posted April 5, 2011 Share Posted April 5, 2011 they may try and get you to claim on your ins as there excess will be a lot higher than theres Quote Link to comment Share on other sites More sharing options...
Awisto Posted April 6, 2011 Share Posted April 6, 2011 If it was locked and the keys not in it, then it may well be the owners insurance that pays out if it was only on the forecourt. I'd see the place Chris mentioned and get some advice. Quote Link to comment Share on other sites More sharing options...
Matt H Posted April 6, 2011 Share Posted April 6, 2011 What about disclaimer notices, such as this one as part of Ryedale District Council's car park conditions? Do they absolve the garage if the car was locked? If they had locked the car they were hardly negligent. Disclaimer Ryedale District Council accepts no responsibility for loss or damage to cars parked in this car park or the contents thereof unless such loss or damage is caused by the negligence of Ryedale District Council. I thought Disclaimers weren't worth anything unless they mirrored the law? Quote Link to comment Share on other sites More sharing options...
aman00123 Posted April 6, 2011 Share Posted April 6, 2011 Also if the car was picked up from the owners place of work, does the disclaimer still count as the owner wouldn't have seen the notice? Quote Link to comment Share on other sites More sharing options...
d-_-b Posted April 6, 2011 Share Posted April 6, 2011 Be interesting to see what the verdict is on this from the legal people. Would have thought if it hadn't officially been given back to the owner then the garage is still "responsible" for the car? Quote Link to comment Share on other sites More sharing options...
Chris Wilson Posted April 6, 2011 Share Posted April 6, 2011 I think it's only old *uggers like me that subscribe to newsgroups with a proper offline news reading app, but you can go via your browser at: http://groups.google.com/group/uk.legal.moderated/topics Quote Link to comment Share on other sites More sharing options...
Rob Posted April 6, 2011 Share Posted April 6, 2011 What about disclaimer notices, such as this one as part of Ryedale District Council's car park conditions? Do they absolve the garage if the car was locked? If they had locked the car they were hardly negligent. Disclaimer Ryedale District Council accepts no responsibility for loss or damage to cars parked in this car park or the contents thereof unless such loss or damage is caused by the negligence of Ryedale District Council. I thought Disclaimers weren't worth anything unless they mirrored the law? In such an example, if someone were to damage your car and scarper, you'd have no claim against Ryedale DC for the damage as is wasn't caused by them or their agents even though it was on their land, however, if one of their signs fell over onto your car for example, then they are liable for the damage as that IS caused by their negligence. The sign quoted is a newer one, as the older type just used to claim "we ain't liable for nuffink that 'appens 'ere" Quote Link to comment Share on other sites More sharing options...
supra joe Posted April 6, 2011 Share Posted April 6, 2011 What is going on these days, you need eyes in your ass, theft from an m.o.t station !!! Quote Link to comment Share on other sites More sharing options...
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