17 replies to this topic

[paulfoel]

Got a classic 1997 mini cooper in mint condition. Well, it was until someone ran into the back of it in a car park when it was parked.

Anyway, off it went to the bodyshop recommended by the insurer. Got it back yesterday.

Very poor paint job. Its now blatantly obvious that the back has been resprayed but not the whole car.

Spoke to my insurance company who said that they could not expect the 3rd partys insurer to pay for a complete respray and that this was sometimes the problem with older cars.

Seems a bit unfair. So now I've got a car with not matching paintwork due to an accident that blatantly wasnt my fault.

Surely, this is not right. Shouldnt the 3rd party or their insurer be liable to restore the car to its original condition regardless of whether it requires a complete respray?

Edited by paulfoel, 30 June 2010 - 10:35 AM.

[MiniBonkerz]

yes stand your ground call them back up and tell them you want it doing otherwise you will persue it through the courts

[paulfoel]

yes stand your ground call them back up and tell them you want it doing otherwise you will persue it through the courts

Exactly. Not my fault if they cant get it to match.

I just want to know where I stand legally.

[paulfoel]

yes stand your ground call them back up and tell them you want it doing otherwise you will persue it through the courts

Exactly. Not my fault if they cant get it to match.

I just want to know where I stand legally.

It gets worse - went back to garage to complain and they said, yes, it doesnt match. It looks like the back end has been resprayed but thats all the insurance company would pay for.

Phoned insurance company and they say they said that the 3rd parties insurance co will only pay for repairs to the damaged area and not a complete respray. I argued that now it doesnt match and they said it even though it was unfair it was tough luck...

Surely, this cant be right. Surely I've got a right to have car repaired to how it was before the accident? Remember this was a show quality classic car....

I guess my only option now is to go to FOS and see what they say? No idea where I stand legally.

I must admit I wish I hadnt even gone through my insurers and gone straight to the third party. Thay way I could have argued with them directly.

Wonder if I still have the option to sue the third party or their insurers directy to get the car back to its original condition? Seems like all these insurers are in each others pockets and look after each other....

[Scallywag630]

I think the garage is fobbing you off. It is they that have to do a professional job and match the colour.

[paulfoel]

I think the garage is fobbing you off. It is they that have to do a professional job and match the colour.

Yeh. I thought that. To be honest, I've had cars done before and never been able to tell where the respray was done.

[minidaves]

ok there is whats called acceptable, now cant comment aint seen it, but if the colour does not match then respray or blow in down the sides. They have to repair to an acceptable standard, but i bet you have signed the satisfaction note.

where are you? so a expert can look at it and give an honest comercial veiw.

dave

[paulfoel]

ok there is whats called acceptable, now cant comment aint seen it, but if the colour does not match then respray or blow in down the sides. They have to repair to an acceptable standard, but i bet you have signed the satisfaction note.

where are you? so a expert can look at it and give an honest comercial veiw.

dave

Yeh. Wife signed when she picked it up (

Thing is been back to the garage and they admitted you could tell which bit had been resprayed. But their excuse was insurance was only willing to pay for the damaged areas to be painted and nothing more.

In South Wales. Where would I find an 'expert'?

[mini-geek]

what colour is the car?

[minidaves]

next friday i am in bath, if you want to pop over the bridge and i will do an inspection for you foc

dave

[paulfoel]

what colour is the car?

Gunmetal grey

[minidaves]

ok from my experiance, that colour match's resonable and panel to panel is possible, so doing the complete back of a car should not be an issue to get an excellant match if you have half an idea of what to do and how to paint

dave

[paulfoel]

next friday i am in bath, if you want to pop over the bridge and i will do an inspection for you foc

dave

Cheers Dave. thanks for the kind offer.

I'll see if I can sort something out....

[munkey26]

Legally - you should be put back in the position you were in before the accident and have any reasonable expenses paid for by their insurance.

State to the insurance company that you are not happy and they need to sort it out and get the full amount required to repair the vehicle. If the still refuse threaten with the FSA.

[paulfoel]

Legally - you should be put back in the position you were in before the accident and have any reasonable expenses paid for by their insurance.

State to the insurance company that you are not happy and they need to sort it out and get the full amount required to repair the vehicle. If the still refuse threaten with the FSA.

Yeah. Have complained now.

Any links to that legal information? Insurance company are adamant that thats not true and they just need to repair damaged area and anything else is not their fault. It would be nice to quote it to them.