Vehicle fire following repair at gagrage leaves me out of pocket

[Pootanga]

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Subject: Seeking Legal Advice - Car Damaged in Garage Fire, Owner Now Involving Insurance After 6 Months

Dear Forum Members,

I'm seeking legal advice regarding an ongoing issue with my vehicle that I hope someone can help me with.

Summary of Events:

• On 27th January 2025, my vehicle broke down and was recovered to a garage by a vehicle recovery company for repairs.
• On 30th January, while the garage owner was test-driving the vehicle after completing repairs, the car caught fire. The fire was extinguished (with assistance from the fire brigade) and the vehicle was returned to the garage.
• The garage owner informed me of the incident and invited me to inspect the damage. While there was no visible damage to the car's exterior, the engine bay had severe fire damage: melted plastic components and wiring.
• The garage owner assured me he could repair the vehicle and requested not to go through his insurance, citing that it would double his premium. I agreed to give him 4 weeks to carry out the repairs.
• Over the following months, the garage owner has kept me updated (mostly after my prompting). He reportedly completed repairs and cosmetic replacements under the bonnet, but the car still wouldn't start due to unresolved electrical issues.
• The car was eventually sent to a third-party electrician, and as of today, 19th June, the car is still not fixed and remains off-site.
• Upon increasing pressure recently, the garage owner informed me that he has now finally notified his insurance company, 6 months after the incident.

My Concerns:

• I paid £12,500 for the vehicle and drove it less than 1,000 miles before the fire occurred.
• The car has now been off the road and in the garage's possession for nearly 6 months, causing considerable inconvenience. I've continued paying for insurance during this time.
• I'm deeply concerned I will not recover the full value of the vehicle if the insurance company deems it a write-off.
• I am also unsure whether I am entitled to any compensation for the prolonged delay, inconvenience, and financial burden (e.g. alternative transport, ongoing insurance costs, etc.).

My Questions:

1. How can I ensure I recover the full value (£12,500) of the vehicle given the garage owner has only now involved his insurer?
2. Am I legally entitled to any compensation for inconvenience, loss of use, or other related costs?
3. Should I be seeking legal advice or initiating proceedings to protect my interests now?
4. Is there anything I should be doing proactively to "get ahead of the game" with the insurance claim or the garage owner?

I would greatly appreciate any legal insight or advice on how to proceed. I'm feeling increasingly anxious that I will be left out of pocket after doing nothing wrong in this situation.

Many thanks in advance for your help.

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[atticus]

Have you claimed on your insurance?

[Pootanga]

No I haven't, the vehicle is still at the garage. This week will be make or break. If the garage owner cannot repair the vehicle he said he will instruct his insurance company

[Pootanga]

I'm not sure what my next steps should be? Thank you

[echat11]

How did you pay the garage owner for 'repairs'? (although repairs hasn't fixed the car due to fire etc)

[atticus]

I struggle to understand why you aren't making your own insurance claim. My advice is to do it now. Your insurer may take action against this garage.

Your alternative course is to commence your own legal action. Or to carry on waiting and hoping.

[Pootanga]

Thank you for the advice. I am contacting my insurance company today. Could you advise if there is a shortfall of what I paid for the vehicle and what the offer to compensate is, eh market value is there anyway of recovering the shortfall, legal action for example. Thank you for your help.

[Pezza54]

If the garage is taking responsibility for the car fire (the garage only has to take reasonable care of the car when it is in their possession), then they should have provided you with a courtesy car.
Otherwise you could have claimed on their insurance for a hire car or public transport, taxis when public transport unavailable or inconvenient

The fire happened nearly 5 months ago. That is a long time to be without your own transport and must have caused you much inconvenience

If you end up claiming on the garage insurance, or making a court claim, receipts for taxis, public transport etc will make good evidence

You were generous when you gave the garage 4 weeks to carry out repairs. You should have asked for a courtesy car for that period.
The cost to the garage for a courtesy car, knowing that you would keep this car until you were happy with the repairs, should have had the affect of making the garage repair the car quicker to an acceptable standard

Wait to see what your insurance company says. I doubt they will agree that the car is a write-off and you are entitled to the market value of the car last January

Have you got legal expenses as an add-on with your car insurance?