The consumer’s issue:
“My car was booked in with the garage for some work following a callout from roadside assistance who could not change the parts at my house. When we went to collect the car, we noticed some damage to the rear driver side. The Service Manager at the site viewed the damage at the time that we reported it. The Manager said that she would speak to the technicians that worked on my car and then disappeared. In addition, when we came to collect the car, we noticed big mud splashes down the side of it. It was a slightly wet day, but to get that amount of dirt on the bodywork from moving a clean car from the back of the garage to the front would suggest that it was badly driven.”
The accredited business’ response:
- My team reviewed the damage on the day with the customer, and advised them that the damage was not recent. This was due to it having a build-up of road salt and grit within the area, which could not have happened whilst the car was in our possession.
- The team also investigated the damage with the staff who worked on the vehicle during its visit, and confirmed that they had not caused it.
- No damage was reported to the customer during the checking-in of the car.
- Due to the relationship that we have with the customer, we will carry out the repair free of charge to assist in the resolution of this case.
The adjudication outcome:
- The Motor Ombudsman adjudicator reviewed the evidence which was not sufficient to support either party’s claim.
- It was also noted that, due to the timeframe involved, and relevant legislation, it would be reasonable to expect some evidence from the business to support a position of why they would not accept the liability.
- In its absence, the adjudicator supported the business’ response and decision to carry out the repair.
- A recommendation was made to the garage to introduce a further set of forms or a checking-in process that noted or recorded vehicles that are so dirty that the business cannot see the underlying condition.
- That way, if in the cleaning process, marks are identified, they can be logged in a manner that demonstrates a clear narrative and shows why liability should not be accepted.
Conclusion:
- The customer’s vehicle was booked in for repair without charge, and The Motor Ombudsman is tasked with following up on its recommendations.
