Third party damage

The consumer’s issue:

“I arranged to have my vehicle recovered to the dealership to investigate the knocking noise in my engine / gearbox. They sent a third party recovery service out to collect it, and they dropped off the key to the garage. However, when the car was returned by the recovery agent two days later, the driver hit the kerb when parking the vehicle. He made me sign a piece of paper, but I was not aware what I was agreeing to, and this was before I saw the damage to my alloy wheel. I would therefore like the dealership to rectify the damage.”

The accredited business’ response:

  • We arranged the recovery service at the customer’s request, and we don’t normally organise the collection of a vehicle as part of our service.
  • This is a complaint about the recovery agent, and we therefore referred the customer to them.
  • However, as a gesture of goodwill, we have spoken to the vehicle manufacturer and they have agreed to contribute 50% of the cost of replacement or the repair of the alloy wheel and tyre.

The adjudication outcome:

  • The Motor Ombudsman adjudicator did not uphold the customer’s complaint against the dealership, as it was a third party. Therefore, the consumer was given two options as to how to proceed. Either they pursued their claim against the recovery agent and sought legal advice from Citizens Advice Bureau, as the third party was not a Motor Ombudsman-accredited business, or they accepted the goodwill gesture.

Conclusion:

  • The consumer reviewed the two options and accepted the goodwill gesture. The case was therefore closed.