cars been bumped (whilst at BMW Rochdale)

BMWZ4MC · Post by **BMWZ4MC** » Sat Oct 29, 2011 11:22 am

Sorry to read about this, but as IK said look for any positives you can find... And if the skirt under the door is damaged too, demand a pair of aeroskirts

Zed Five · Post by **Zed Five** » Sat Oct 29, 2011 11:58 am

Taz x wrote:
ZeeFore wrote: There's the psychological injury from having a vehicle you spend hours applying liberal doses of TLC to messed up by someone who's careless and doesn't give a sh*t.

*Shudder*

I'll stop now.
you must be reading my thoughts, the car was in perfect condition, i bought it new, i never park in car parks and i treat it like a baby, its been soiled

I used to take this view. However, now I understand that it's possible that your car has been damaged and repaired before you even pick it up from new. - they can have scraped/dings etc that are detailed before you get it It you haved an eye for detail, you can ensure that when you get it back, it really will be as good as it originally was.

Bloody annoying, but much worse happens in life.

Taz · Post by **Taz** » Mon Oct 31, 2011 5:54 pm

well i'm totally amazed

BMW Rochdale have said they can not help in any way, its between me and the woman that reversed into me

BMW HQ were absolutely no help either

So BMW will get no more work from me

is it just me, i think this stinks, obviously i have a 1 sided view, but surely i left it with them and i expect it back as i find it, as anybody come across this before, is there nothing i can do?

Adamski · Post by **Adamski** » Mon Oct 31, 2011 6:03 pm

They owe you a duty of care whilst they're looking after your car . I'm sure the stance they are taking is that - since it was bumped by Mrs X, it should be her insurance that pays for it. They will try to discharge any liability by pushing the blame on her, and her insurers.

Personally, I think they're bandits for not offering you assistance.

Has Mrs X offered to pay, or given you her insurance details yet?

Taz · Post by **Taz** » Mon Oct 31, 2011 6:21 pm

mrs x's as admitted responsibilty, my issue is that it should be the BMW dealer who is sorting it out with Mr x's insurers, why should it be my insurers who have to deal with it

BMWZ4MC · Post by **BMWZ4MC** » Mon Oct 31, 2011 6:27 pm

As Adamski has said, they have a duty of care whilst the vehicle is in their custody. Ultimately, whether the BMW insurance or Mrs X's insurance pay matters not to you as long as it is fixed.
Perhaps you should inform them in writing that you will seek legal advice if the vehicle is not returned unmarked and see what happens.
We definitely need to recruit some solicitors to this forum, although I suspect they all earn too much to bother with humble Z4s!!

Post by **srhutch** » Mon Oct 31, 2011 6:31 pm

They will probably point to the little sign on the wall of the service department that says they accept no responsibility of your property whilst in their care.

pvr · Post by **pvr** » Mon Oct 31, 2011 6:33 pm

It went exactly the way Srhutch said it would ...

Even more annoying now is that your premium will go up next year because of this!

Adamski · Post by **Adamski** » Mon Oct 31, 2011 6:39 pm

Taz x wrote:mrs x's as admitted responsibilty, my issue is that it should be the BMW dealer who is sorting it out with Mr x's insurers, why should it be my insurers who have to deal with it

Has she reported it as a claim yet? Her insurers should contact you to arrange pick up and repair?

Taz · Post by **Taz** » Mon Oct 31, 2011 6:40 pm

is it possible for me to claim against the bmw garage as the car as been damaged whilst on their property, they would then have to claim against mrs x

are there any clever solicitors on this site?

Adamski · Post by **Adamski** » Mon Oct 31, 2011 6:42 pm

srhutch wrote:They will probably point to the little sign on the wall of the service department that says they accept no responsibility of your property whilst in their care.

If it had been a BMW member of staff, things may have been different. But from what Taz has said, reckon BMW will pin all laibility on Mrs X, and want nothing more to do with it....

Adamski · Post by **Adamski** » Mon Oct 31, 2011 6:48 pm

Taz x wrote:is it possible for me to claim against the bmw garage as the car as been damaged whilst on their property, they would then have to claim against mrs x

are there any clever solicitors on this site?

Not on the site, but I'm waiting for a call back from Mr Z the solicitor......

I studied law at university, but my knowledge is out of date.... Mr Z is up to date and works for solicitor company. Hopefully should have more info soon

teamemmenracing · Post by **teamemmenracing** » Mon Oct 31, 2011 6:52 pm

Only advice I can give is this .........

whilst everybody is shouting about who is responsible for what and who should pay - the bottom line is the "victim" ie you ....... is the only one not involved ...... and you've got all the fall out.

Personally I wouldn't even get into more arguments - start procedings immediately .......... Ie get a brief to write a letter saying procedings are starting (let a judge decide). Once thats in motion, things usually get easier....

Its ridiculous to even say its not their responsibility. Its ridiculous to even suggest that you should claim through yours and hers insurance.

As I posted on another thread - on level 1 (ie the bit where you are talking to the dealer who is denying this and denying that) you will only ever get a level 1 answer. Move it up to level 2 ..... and you will get a level 2 response.
Of course BMW UK will not get involved - its a local issue ............ that is until you make it a bigger issue......

Any garage that operates under the BMW flag, that is audited by BMW, operates to BMW procedures ..... and sells BMW products can be said to be part of the BMW network for which BMW is responsible.

It might cost you 50 or even a 100 quid to get it going, but Im pretty certain the crap would stop right there, when someone realise that you aren't going away and a 120 quid an hour brief is involved (that they will end up paying for) you usually get a quick settlement.

best of luck

SimonJ · Post by **SimonJ** » Mon Oct 31, 2011 6:58 pm

Leaving out discussions around liability etc. The law in this area is contractual so it comes down to whatever the small print is you agreed with BMW. They can exclude liability for damage on their premises etc. but only to the extent that they have brought this to your attention.

A small note in font size 5 on p.5 of a service agreement or a sign hidden in the depths of their garage would not be sufficient. Making you sign a disclaimer would be the more like it.

No-matter what the situation I would imagine that BM carries insurance for this so the cost would come out of their general insurance provisions etc. (third party liability etc.). A claim under such insurance for a company tends not to affect premiums etc. so they tend to accept them. I am very surprised they have not!

Really dissapointed for you!

S

Taz · Post by **Taz** » Mon Oct 31, 2011 7:04 pm

teamemmenracing,

SimonJ,

thanks

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cars been bumped (whilst at BMW Rochdale)

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