Tree fell on car at dealership - threats of debt collectors and fees

[MichelleVW]

Today, 08:12:AM
Need legal advise please. A tree fell onto my car when it was in the care of a well known dealer workshop. The car was originally taken in due to a recall.
We were not told about the accident and only found out about it due to an unannounced visit (13th April) and insisting on seeing the car as been in workshop 2 months. The tree fell on the car overnight 10th March and would have been discovered 11th March. We received a text update 11th March to say the recall part wasn’t in yet. We received a phone call to say the car was ready for collection 19th March and then a later phone call saying that was a mistake and the car wasn’t ready - but don’t worry the insurance isn’t affected???) We have photos of the damage to the car and the A pillar (among other things) is damaged. We have rejected the car as even after complaining to the Dealership they still haven’t shown us any paperwork regarding independent assessors saying the car is safe and they have done nothing but threaten us with debt collectors (if we didn’t return the courtesy car - which we did immediately) and didn’t collect the car (which we can’t do as we don’t know it’s safe) and they now want to charge us a storage fee. They have filled the damaged areas with filler and resprayed the car so can’t see damaged (horribly poor paint job and only on damaged areas. This is now being dealt with by a solicitor who doesn’t seem to know our rights. Could someone please advise the below:
Should the dealership have seeked an independent assessor?
Should the dealership have started work without a signed permission from us?
Is A pillar damage a Category insurance write off?
Can the dealership charge us for storage when the car is still in dispute?
Can workshops tell if filler has been used and a car resprayed - does this affect the value.
I am really being intimidated by this dealership and feeling bullied into taking my car back or they will get rid of the car and charge us.
The ombudsman has our case but after 2 months is still yet to look at it. The car was bought 8 months before it was taken in for the recall for £21k. The dealership are offering to buy it from me for £15k. An assessor won’t look at the car now as the damage has been covered uk. Any advise would be appreciated- Thanks in advance.

[des8]

Whose tree?
Do you know why it fell? severe weather? it was rotten and in a dangerous position?
Have you considered a claim through your insurers?
Did you authorise the repairs for the damage caused by tree?

Damage to the pillar is only an issue if it prevents the door working as intended (https://www.gov.uk/guidance/mot-insp...#section-6-2-3)

The dealership owed you a duty to take reasonable care of the vehicle whilst in their custody, but you will need to demonstrate gross negligence on their part to prove liability.

Tagging R0b

[MichelleVW]

The tree was surrounding one of their off site compounds (where the car was being stored whilst awaiting the part). The tree fell due to bad weather.
We didn’t authorise any work to be carried out on the car after the accident as we didn’t know the accident had happened. They had already filled panels when we saw the car. They advised we wasn’t informed of the accident due to a mistake their end (even though the text and phone calls point more to a quick cover up).
We wouldn’t know if the door was a problem as they had already started the work before we discovered what had happened and are still to prove the car is safe as they have ignored our requests for an independent assessor. We need to know if they legally have to have a signed authorisation to carry out the work and if they should have legally got an independent assessor in for the damage (or if they can indeed ignore our request for one)

We were advised not to tell our insurance companiy as it would effect the value of our car and the dealership were ignoring us.

[des8]

Who advised you not to instruct your insurers??

[MichelleVW]

Unfortunately lots of different people gave us lots of advise on what not to do back when this all started. Our fear was losing money and value from the car being written off as the dealership were only offering £15k to buy it off of us and the write off would have been a lot less than what we bought the car for. We took a perfect condition car to them on February for a recall and would stand to lose £6k.

[des8]

The insurers would only have written the vehicle off if it cost more to repair than its value, and they would then have taken a commercial decision about pursuing the dealership for the cost.
If the insurers had elected to write off, you could probably have purchased it back off them and arranged repairs yourself

You now have the problem of either trying to make a claim on your insurance (which might well be turned down because of the delay) or suing the dealership for the damage,
That means proving gross negligence on part of dealership, which might be difficult if the tree was in good condition prior to being blown over.
I suspect you won't be able to show the condition of the tree unless there are some newspaper reports about it to give you a lead.

If the repair work has been poorly done you might be able to claim for that to be rectified by a specialist body shop.

[MichelleVW]

It was too late by the time we found the car in it’s new accident happened but covered up condition anyway. This is why we are now asking the original questions about whether the dealer should have gained written permission from us before starting the work, whether they should be providing us with accident assessment paperwork etc

[des8]

Yes, they should have obtained permission (not necessarily in writing) before commencing repairs.
Probably aren't any assessment reports.

From your first post I thought you had photos of the damage prior to repair.

If it was my car I would be taking it to a specialist crash repair to have the work assessed, and if necessary have it corrected and then pursue the dealership for the cost
You probably wouldn't obtain the full costs unless you can prove the dealership's negligence in the original damage

[MichelleVW]

We have the photos of the car taken when we found the car 1 month after the tree fell on it (that we didn’t know about) and photos of the tree surgeons Facebook post. The photos show the roof off and the a pillar filled with filler.

[MichelleVW]

We can’t take the car from them as we are then legally accepting the car back.

[des8]

Who told you that?
You take the car back as it is yours and you are going to get the repairs carried out properly.
Recovering the car is not an automatic acceptance of their repair

[MichelleVW]

Our solicitor told us that - unfortunately this is my predicament. Different opinions and hearing different facts, which is why I’m now seeking legal black and whites

[des8]

"legal black and whites" just don't exist!
That is how lawyers make their money!

[2222]

You clearly need a detailed inspection of the car by an engineer. If he says it’s okay to drive, then do so. If he says it isn’t or he says further work is needed, this will help your case, and I expect the dealer will carry out the work. Either way his report will help resolve your problem to a large extent.

[2222]

Incidentally, unless the dealer knew the tree was dangerous, or ought to have known, they were probably not liable at all. Goodness knows why they tried to keep you in the dark. That’s really weird.