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Damage to the Z - Question about claim.

DMC63

Active member
London
This is Z related so hopefully I've posted in the right section.
I figured there may be some experience of this sort of situation or a lawyer among us, :wink:
Last October the landscaping crew were tidying up our close. Strimming was one part of the operation.
In short 'an operative' strimmed a load of stones, dirt, weeds etc all over a line of cars, the Z being one of the cars.
Pics below show the car parked and the raised ground area where the strimming took place. I was indoors when I heard the strimmer and rushed out to see where they were working but he'd alread done the damage. The Z boot lid got a peppering and a couple of proper chips and scratches.
The operative confessed he'd 'zoned out' and was not concentrating at the time and I have this in writing (email) from the area manager of the property maintenance firm after he'd spoken with the operative.
Ok, so here it is. Lot's of emails back and forth to company. In short, they sent a guy out to inspect the damage.

The company, though (not accepting responsablity outright) agreed to pay for repairs (respraying boot lid) I got 3 quotes and they agreed to pay the cheapest at £994. I agreed to this so I think in 'law speak' the 'without prejudice' becomes 'with prejudice' at that point??

This was last october. I told them back then that the car was not going to be free to go to the garage until May 2019 due to my uni studies.
They were ok with this.

I have now decided to sell the car and buy another 3.0 zed.

The prospective buyer wants to buy the car doesn't want the repairs done becuase he's going to spray the whole car and he's offering a lower price due to the damage. He is in fact wanting the car minus the re-spray quote of £994.

I've told the company this and asked for compensation in a cash payment due to the losses on the asking price.
They've said it's company policy not to pay out cash payment and only pay out for repairs.

HERE'S MY QUESTION:
Would I be entitled or within my rights to get a cash payment from them due to these change in circumstances?
If this is the case I'm considering small claims court.
I have lots of pics including the companies van parked up at the time of the incident. And over the complete email conversation.
Without actually admintting liability the emails read quite clearly that the operative admitted he'd zoned out/wasn't thinking.
I'm trying to gauge my chances in a court???

Any thoughts or insights would be greatly appreciated.
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I think you'll find they are well within their rights not to pay out cash to you, but to repair the car.

You have complicated matters, not them.

How much have you knocked off the car because of the damage?
 
Just sell the car as it is, you shouldn't be knocking money off for the repairs to the new owner as he is repainting the car anyway. A few stone chips won't make any difference to a repaint as I'm sure there must be some to the front of the car.
 
Ok, thanks guys. I thinks at this point I'll get the repairs done and look for another buyer.
 
srhutch said:
I think you'll find they are well within their rights not to pay out cash to you, but to repair the car.

You have complicated matters, not them.

How much have you knocked off the car because of the damage?

The guys asking for the £994 off the price. After reading the replies on here I'm going to get the repairs done and then sell it.
 
Smartbear said:
DMC63 said:
Jembo said:
Can’t u suggest meeting halfway & all be happy?

The company policy is to pay for repairs only.

I think he might have meant meeting halfway between yourself & your buyer? :?
Rob

Exactly... suggestion was to forget doing any repairs, saves u time & hassle - plus if repair doesn’t come out perfect, u have even more hassle
 
DMC63 said:
srhutch said:
I think you'll find they are well within their rights not to pay out cash to you, but to repair the car.

You have complicated matters, not them.

How much have you knocked off the car because of the damage?

The guys asking for the £994 off the price. After reading the replies on here I'm going to get the repairs done and then sell it.

Sounds like he’s trying it on.
 
srhutch said:
DMC63 said:
srhutch said:
I think you'll find they are well within their rights not to pay out cash to you, but to repair the car.

You have complicated matters, not them.

How much have you knocked off the car because of the damage?

The guys asking for the £994 off the price. After reading the replies on here I'm going to get the repairs done and then sell it.

Sounds like he’s trying it on.
This.
 
Jembo said:
Smartbear said:
DMC63 said:
The company policy is to pay for repairs only.

I think he might have meant meeting halfway between yourself & your buyer? :?
Rob

Exactly... suggestion was to forget doing any repairs, saves u time & hassle - plus if repair doesn’t come out perfect, u have even more hassle

The repair will be done by Acton Coach Works who do all HR Owens spray jobs, rollers, bentleys, ferraris etc. I'm sure the job will be good, Maybe too good and show up the old paintwork.... :|
 
DMC63 said:
Jembo said:
Smartbear said:
I think he might have meant meeting halfway between yourself & your buyer? :?
Rob

Exactly... suggestion was to forget doing any repairs, saves u time & hassle - plus if repair doesn’t come out perfect, u have even more hassle

The repair will be done by Acton Coach Works who do all HR Owens spray jobs, rollers, bentleys, ferraris etc. I'm sure the job will be good, Maybe too good and show up the old paintwork.... :|

Will be ok, if there is a bit of orange peel on the existing paintwork the bodyshop will flat the new paint back to match the old paint and leave some orange peel in the new stuff.
 
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Will be ok, if there is a bit of orange peel on the existing paintwork the bodyshop will flat the new paint back to match the old paint and leave some orange peel in the new stuff.
[/quote]

Thanks
 
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