Hey guys,
Im upset. What is it with some people? I dropped my pride and joy into a large tyre retailer the other day to have 4 new corners fitted.

Approx 45 mins after i parked and handed over my keys, I received a phone call from said retailer informing me that "someone had backed into your car whilst it was parked in front of our shop, and we didnt see who did it" After I let go with a few expletives, and regained my composure i ventured down to have a look at the damage.

As a result of the "small bump", my drivers side rear quarter is now sporting a large (30cm x 15cm) dent, complete with scratch marks, 3 large gouges in the rim, and a broken tail light outer casing.

Anyway, teh retailer said they would pay for the damage if it was one of their workers who did it, but it apparently wasnt, and as they didnt see who did it, they were of no further help. After speaking with my insurance carrier, without a witness or person to prosecute, i would just have to grin and bear it.

What i would give to have seen who this low breed peasant was, and follow him home to "talk"

It just seems to me that if you sacrifice and strive to reach your goals, and earn the right to rewards (RX8's), those people who couldnt be bothered helping themselves have the right to take it from you.

Im sorry for the long winded post, but as you can probably tell, I AM PISSED!!!

They say bad things come in 3's.....well, a kangaroo jumped into my passenger side about 3 months ago, and now this. I am looking forward to the third........

Thanks for letting me air my grievances, if anybody wishes to join my vigilante group against "dent and runners", pm me!

Ash.

 

What do you mean you have to eat it?
Why wouldn't the insurance company cover it if you have full comp coverage?

 

Its a low act! Make sure you report it to the police. I would also be making sure the tyre shop owner knows how pee'd you are and that you will be making sure people know what happened and how unhelpful he was.

 

Well, it's probably not worth it but by accepting custody of your car, the tyre retailer becomes a bailee. Although it's not a strict liability, he is bound to take reasonable care of the car and is responsible for any damage occurring as a result of failing to take such care. However, in the circumstances I'd reckon you'd struggle to prove that merely parking it in the street was a breach of that duty.

Short answer, claim it on your insurance, pay the excess, suck it up and get on with life...

 

That really sucks! I wonder if a workshop employee actually was responsible for it, but the workshop didn't own up.

Anyway, I'm being speculative, who knows...

 

I've been keyed, rear-ended while parked on the street and hailed on.

If ownership of this car has taught me one thing it's that sh*t happens.
Like everyone said.
Chin up and keep on plodding away.

I feel your pain though.

Hope it gets sorted soon.

Speaking of which I need to run around and get some quotes.
F**k!

 

Years ago I had my stereo stolen while the car was at a smash repairer.

The HELP I got from the insurer guaranteed I would never use them again.
That and the $1000 more in premiums they want to insure any car I have owned in the last 10 years.

 

Wait a minute ... the tyre retailer isn't paying for the damage? The vehicle was their responsibility at the time of damage. They should have insurance for this!

 

That is what I was kind of thinking.

Once you turn the keys over it is their dime to take care of it and their insurance should cover anything that happens.

 

Nah, but they should have insurance for people's belongings whilst in their care. That vehicle damage was done whilst it was their responsibility, therefore I'd argue they have to pay. I'd never let them off the hook for that!

 

As I said earlier, a bailee's liability is not a strict one (i.e. no matter what happens).

They may well have insurance but if there is no recourse to it under the express or implied terms of the bailment, it is up to the bailee whether to claim under that insurance, not the bailor.

Again, short answer is that you can kick and scream all you like (and this sometimes works) but legally you'll be pushing **** up hill to force the retailer to pay for the damage (whether out of its own pocket or via its insurance).

 

It really comes down to whether you have the time and resources to keep chasing them up. Sometimes its easier just to cop it and move on.

If they have taken reasonable care of the car i don't think you could argue that they are responsible.
Just because you are responsible for someone's property doesn't mean you are liable for everything that happens to it. Some things are out of your (the tyre dudes) control and as long as they took reasonable care of the car and didn't leave it parked in a stupid place or something i think the chances of success are not high enough to justify wasting more time and money on pursuing it.

Having said that, it doesn't hurt to let them know how you feel and see how far you will get.

But i'm sure this isn't the first time it has happened to them and they're probably more experienced in dealing with situations like this than you are.

Good luck nevertheless.

 

Mogley's basically said the same thing as I have but in different words.

And I'd definitely agree that they have more experience dealing with damage to customer vehicles and how far they can push a denial.

 

Ashley, feel your pain! To make you feel better. I will share my theft story!

I used to have an Integra DC2R, and I parked it at the parking complex in the city centre. More specifically, on Russel Street (Drug Street). People don't park there!

I parked at 7pm, came back at 9pm on a Saturday!

The door was broken on the driver door, the alarm was cut off by cutting the main electric, and the alarm might have sound for at least sometimes when the thug broke the alarm's backup battery. Then the audio main unit was stolen! The boot was searched and anything he could find was gone!

Then I went down to call the police. The guy at the booth showed his most bland facial feature... so unsurprised that he prob had this experience for than once before. Then we went up to guard the car and waited for the police and the tow car!

Then... a guy with a drug-user-look (with a bag) came to the floor where my car was parked... had a peek at us and wondered off. Then I saw him leaving the complex. So I knew then it was him (or part of the gang)! that broke in to my car and came back for my Recaros!

Well I did't like it a bit because I don't have the car for a long while, although the insurance cover the cost!

To make the matter worse, the alarm and audio place backed my car up to another car! They have to fit a new rear bumper... well.

Then I sold my car to Olly... he would now know the real car history ....

 

I studied electronics with some guys that were into car alarms.
They used to carry shorted indicator bulbs.
If you smashed the indicator and replaced the bulb with the shorted one it would apparently blow enough fuses to stop the alarm.

 

Hence my point that I would be making sure they knew I was going to give them hell, like calling the police (its a hit and run) who will have to come and waste their time, etc. let them know if they arent going to help out then you are going to make them miserable...

 

Yeah but you're forgetting this also involves time and hassle for you.

I compare my excess to what it's worth doing it the hard way and 9 times out of 10 I'd rather just make the claim and get on with life. Mind you, I say that from the position of being over 35 with a no claim bonus for life.

 

Sorry mate I can certainly feel for you. It's just the worst feeling!

This happened to me in Richmond about 10 years ago. I dropped off my BMW Z3 to a tyre shop for 4 new alloys and tyres (18inch Racinghart type C's and man were they sexy). I received a call from the owner telling me a vehicle must have swiped the side of my car leaving it pretty damaged. I was told on the phone that they did not witness who did it so they could be of no help. I would therefor need to claim it on my insurance.

I had my Father (a cop of 30 years at that time) with his closest friend (John King, dads chief inspector) drop me down to the tyre shop in one of the police departments 4wd's as he was coming off being on call and was about to start afternoon shift. The look on the tyre shop owners face when I walked in with 2 uniformed police officers was priceless. This guy though stuck to his story. John thought though he looked just a little too sheepish and disappeared for a while out the front for a better look.

After about 15 minutes John returned through the front of the workshop and asked the owner if he knew the proprieters of the Brothel across the street. When the owner said "No" John replied "well there's some interesting footage on that security camera on the corner of the laneway feeding their rear off street parking"

Well this guy has turned pale and confessed the truth. He backed his landcruiser into my car and as he could not afford his business insurance premiums going up tried blaming a passing car.

The real kick to this story though is both my father and John were not on duty, had only come to the tyreshop to drop me off on their way to the station and John never went over to the brothel. On his walk around the outside of the workshop he found a white Toyota Landcruiser out back with a slightly damaged rear bar which had red scrapings on it. When he saw the security camera he thought to himself what the hell a bluff is worth a shot.

The Tyre shops insurance ended up paying for my car repairs and he never charged me for the alloy wheels or tyres.

 

Great story Stu.

I like John's style.

 

That's bloody awesome. It's a coincidence he was there, otherwise you'd ended up having to foot hte bill!

 

So Ash check the buildings around the trye shop for cameras. Who knows might work twice.