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Hi all
When my wife's car wouldn't start a few weeks' ago I called out the breakdown company to recover the car and take it to our local BMW garage to be repaired. When the recovery operator turned up he had a problem getting the car onto his low loader as the electronic handbrake and steering lock couldn't be disengaged. I suggested that another recovery vehicle with a crane should be sent out but the operator seemed confident he could still get the car onto his recovery vehicle. He then proceeded to winch the car up his ramps, initially using the rear tow point but then attaching the tow strap to both rear suspension arms to keep the car central on his ramps. Once the car had been delivered to the garage, they managed to fix the fault that had caused the engine to not start but then also informed me that the rear suspension arms were very badly bent and the car was no longer safe to drive. The cost of rectifying this damage would be £3,350. I immediately reported this to the breakdown company who started an investigation. I supplied a statement, photographs of the damage, proof that the car had been roadworthy at a service 2 months previously (and had only been driven 19 miles since) and asked the garage to hold onto the damaged parts for inspection once the repair had been completed.
I recently received a letter from the breakdown company telling me that they had concluded their investigation and as the matter was now in the hands of their sub contractor's insurer, they could not come to a conclusion. They gave me their sub contractor's insurance details and suggested I should contact them if I wanted to know more. They also said that I could escalate this complaint to the financial ombudsman if I wasn't happy with the outcome. I wrote back making the point that our contract was with them not their sub contractor and asked them to continue liaising with their supplier to ensure a satisfactory outcome. Out of interest, I also contacted their sub contractor's insurer to see what progress had been made and they said the policy number was not for this company and didn't cover PLI which doesn't fill me with confidence!
What are my options here? If the breakdown company refuses to accept responsibility for the damage caused when our car was recovered and their sub contractor doesn't take this forward, could I try to claim the cost of the repair from the breakdown company at the small claims court?
When my wife's car wouldn't start a few weeks' ago I called out the breakdown company to recover the car and take it to our local BMW garage to be repaired. When the recovery operator turned up he had a problem getting the car onto his low loader as the electronic handbrake and steering lock couldn't be disengaged. I suggested that another recovery vehicle with a crane should be sent out but the operator seemed confident he could still get the car onto his recovery vehicle. He then proceeded to winch the car up his ramps, initially using the rear tow point but then attaching the tow strap to both rear suspension arms to keep the car central on his ramps. Once the car had been delivered to the garage, they managed to fix the fault that had caused the engine to not start but then also informed me that the rear suspension arms were very badly bent and the car was no longer safe to drive. The cost of rectifying this damage would be £3,350. I immediately reported this to the breakdown company who started an investigation. I supplied a statement, photographs of the damage, proof that the car had been roadworthy at a service 2 months previously (and had only been driven 19 miles since) and asked the garage to hold onto the damaged parts for inspection once the repair had been completed.
I recently received a letter from the breakdown company telling me that they had concluded their investigation and as the matter was now in the hands of their sub contractor's insurer, they could not come to a conclusion. They gave me their sub contractor's insurance details and suggested I should contact them if I wanted to know more. They also said that I could escalate this complaint to the financial ombudsman if I wasn't happy with the outcome. I wrote back making the point that our contract was with them not their sub contractor and asked them to continue liaising with their supplier to ensure a satisfactory outcome. Out of interest, I also contacted their sub contractor's insurer to see what progress had been made and they said the policy number was not for this company and didn't cover PLI which doesn't fill me with confidence!
What are my options here? If the breakdown company refuses to accept responsibility for the damage caused when our car was recovered and their sub contractor doesn't take this forward, could I try to claim the cost of the repair from the breakdown company at the small claims court?
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