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Who is liable for cost of missing part while car is driven by a third-party?

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  • Who is liable for cost of missing part while car is driven by a third-party?

    Hello,

    We have a Hummer H3 which has been in storage with Manor Car Storage Ltd, for the last 2.5 years. The storage company offers a delivery and collect service, using an insured third party driver from Car Carrying Ltd, when we want to access the car. While the car was being returned to storage by their agent, the front bonnet chrome "louver" (USA spelling! :-) became detached and was lost.

    These louvers were subject to a GM recall in early 2010, because they could become detached. GM resolved this by gluing the louver and its clips in place. Our louver was glued on when we purchased the chrome package of extras, at the time we purchased the car in late 2010 (in Dubai). Traces of the glue can be seen on the bonnet where the louver used to be.

    The storage company are denying any liability and telling us we have to pay to have the louver replaced, at a cost of £750 (a quote they received from a GM garage). The storage company claims that because the louver was subject to a recall, it is our problem. I explained that the "fix" for this recall had been applied. The storage company's web site claims "all cars are insured for accidental damage, fire, and theft while in our care" and "comprehensively covered" when driven by an employee. I feel this loss should be covered by their insurance, or that of the company who provided the driver. They disagree. How do we stand legally?

    Appreciate any advice you can offer, thank you.
    Tags: None

  • #2
    Re: Who is liable for cost of missing part while car is driven by a third-party?

    A lot is going to depend on the contract you have with the storage company and the insurance policies of the respective firms involved, but generally they will only be liable for damage which they have caused.
    You would need to show that the louvre had become detached because of an accident or their negligence. and so they were liable.

    Comment


    • #3
      Re: Who is liable for cost of missing part while car is driven by a third-party?

      Thank you for your help, Des8.

      We took their insurance, and I think ours doesn't apply while they are driving it, only when we are using the car ourselves. So I suppose that means we will just have to pay the £750 to get the part replaced. :-(

      Comment


      • #4
        Re: Who is liable for cost of missing part while car is driven by a third-party?

        'fraid so

        Comment


        • #5
          Re: Who is liable for cost of missing part while car is driven by a third-party?

          Such is life, sometimes. :-)

          Comment

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