| One for the collective any car body repair specialists in here 09:45 - Jun 21 with 946 views | Pinewoodblue |
Broke down on A3 on 5th June the beginning of a catastrophic chain of events. My car ended up brung transported back to Ipswich by RAC, although it didn’t arrive until 18th.
They outsourced to a motor trader and the vehicle ended up on the top deck of a car transporter, above the drivers cab. They manage to smash the driver side mirror, the car was also in a filthy state, having spent days on a tour of East Anglia. Booked in for estimate this morning so had it given a good clean. The damage is not limited to mirror, bonnet is seriously scratched, non metal parts to both driver side doors deeply scored and a two foot plus crease to the roof. I only found out when my garage asked what RAC were going to do about the damage.
Any experts on here, how easy is it to repair a car roof?
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| One for the collective any car body repair specialists in here on 09:49 - Jun 21 with 891 views | Zx1988 |
What have RAC said?
Even if the damage wasn't caused by them, the recovery company were engaged by them in fulfilment of their contract with you. As a result, RAC are vicariously liable for the damage, and the onus should be on them to rectify. |  |
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| One for the collective any car body repair specialists in here on 10:00 - Jun 21 with 835 views | earlsgreenblue |
What make & model are we talking about?
In general, car roofs are notoriously difficult to get right, hailstone damage can be worked with, paint only again yes it can, but if the metal is damaged that’s another thing all together.
How old is it by the way? | | | |
| One for the collective any car body repair specialists in here on 10:03 - Jun 21 with 826 views | Pinewoodblue |
| One for the collective any car body repair specialists in here on 10:00 - Jun 21 by earlsgreenblue |
What make & model are we talking about?
In general, car roofs are notoriously difficult to get right, hailstone damage can be worked with, paint only again yes it can, but if the metal is damaged that’s another thing all together.
How old is it by the way? |
2017 Renault Kadjar, less than 45,000 miles.
I’m already in correspondence with RAC over other aspects, they promise to investigate and respond within eight weeks. They won’t discuss over the phone! [Post edited 21 Jun 10:07]
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| One for the collective any car body repair specialists in here on 10:15 - Jun 21 with 799 views | Churchman |
| One for the collective any car body repair specialists in here on 09:49 - Jun 21 by Zx1988 |
What have RAC said?
Even if the damage wasn't caused by them, the recovery company were engaged by them in fulfilment of their contract with you. As a result, RAC are vicariously liable for the damage, and the onus should be on them to rectify. |
Interesting and makes sense to me. Is there any small print that the RAC can use to wheedle out of any liability do you think?
Either way what happened to the OPs car is disgraceful. I hope the RAC do the right thing. |  | | |
| One for the collective any car body repair specialists in here on 10:18 - Jun 21 with 782 views | Zx1988 |
| One for the collective any car body repair specialists in here on 10:15 - Jun 21 by Churchman |
Interesting and makes sense to me. Is there any small print that the RAC can use to wheedle out of any liability do you think?
Either way what happened to the OPs car is disgraceful. I hope the RAC do the right thing. |
That will be the interesting question - it wouldn't at all surprise me if there is something in RAC's T&Cs which covers incidents such as this, and potentially places the onus on the owner to go through their insurer.
One way to get around this, if RAC don't want to play ball, may be to plaster the incident all over Facebook/X/LinkedIn with pictures of the damage, and something along the lines of 'look what RAC did to my car'. | |
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| One for the collective any car body repair specialists in here on 10:23 - Jun 21 with 777 views | Pinewoodblue |
| One for the collective any car body repair specialists in here on 10:15 - Jun 21 by Churchman |
Interesting and makes sense to me. Is there any small print that the RAC can use to wheedle out of any liability do you think?
Either way what happened to the OPs car is disgraceful. I hope the RAC do the right thing. |
They will.Before I knew of the damage I sent them a detailed statement saying it had been written with a mind to having to submit it to civil court as evidence. Gave them 48 hours to respond and 21 days to complete their enquiries. Complaint transferred to executive and they promise to complete enquiries and report back by 30th June.
I won’t boor TWTD with the complete saga. | |
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| One for the collective any car body repair specialists in here on 10:27 - Jun 21 with 761 views | Churchman |
| One for the collective any car body repair specialists in here on 10:18 - Jun 21 by Zx1988 |
That will be the interesting question - it wouldn't at all surprise me if there is something in RAC's T&Cs which covers incidents such as this, and potentially places the onus on the owner to go through their insurer.
One way to get around this, if RAC don't want to play ball, may be to plaster the incident all over Facebook/X/LinkedIn with pictures of the damage, and something along the lines of 'look what RAC did to my car'. |
Good plan. Publicity and being seen to slither out of their responsibilities is definitely something they’d try and avoid like the plague. | | | |
| One for the collective any car body repair specialists in here on 10:45 - Jun 21 with 720 views | jontysnut |
| One for the collective any car body repair specialists in here on 10:27 - Jun 21 by Churchman |
Good plan. Publicity and being seen to slither out of their responsibilities is definitely something they’d try and avoid like the plague. |
A different universe when RAC patrols used to salute members |  | | |
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| One for the collective any car body repair specialists in here on 12:45 - Jun 21 with 578 views | bsw72 |
| One for the collective any car body repair specialists in here on 10:15 - Jun 21 by Churchman |
Interesting and makes sense to me. Is there any small print that the RAC can use to wheedle out of any liability do you think?
Either way what happened to the OPs car is disgraceful. I hope the RAC do the right thing. |
Actually I think that the OP may have to pursue the 3rd party company for any damage to the vehicle.
The company that physically transports the vehicle is liable for any damage caused during the process. This is because they are the ones in possession and control of the vehicle during the transport.
I’m pretty sure that when your vehicle is collected, you will have had to sign paperwork, and at that point the liability is assigned. |  | | |
| One for the collective any car body repair specialists in here on 12:58 - Jun 21 with 545 views | Zx1988 |
| One for the collective any car body repair specialists in here on 12:45 - Jun 21 by bsw72 |
Actually I think that the OP may have to pursue the 3rd party company for any damage to the vehicle.
The company that physically transports the vehicle is liable for any damage caused during the process. This is because they are the ones in possession and control of the vehicle during the transport.
I’m pretty sure that when your vehicle is collected, you will have had to sign paperwork, and at that point the liability is assigned. |
All depends on the contract etc.,
OP's contract is with RAC, therefore it is their liability even should they choose to subcontract the work.
Fennelly v. Connex South Eastern Ltd. broadly covers this sort of thing. A ticket collector employed by Connex assaulted and injured a passenger. The Court of Appeal held that it was correct to hold Connex liable for the injuries, on the basis that they were inflicted by their employee.
Also, privity of contract means that third parties legally cannot enforce the terms of a contract, even if it was made for their benefit, except in very specific circumstances. [Post edited 21 Jun 13:07]
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| One for the collective any car body repair specialists in here on 13:09 - Jun 21 with 520 views | bsw72 |
| One for the collective any car body repair specialists in here on 12:58 - Jun 21 by Zx1988 |
All depends on the contract etc.,
OP's contract is with RAC, therefore it is their liability even should they choose to subcontract the work.
Fennelly v. Connex South Eastern Ltd. broadly covers this sort of thing. A ticket collector employed by Connex assaulted and injured a passenger. The Court of Appeal held that it was correct to hold Connex liable for the injuries, on the basis that they were inflicted by their employee.
Also, privity of contract means that third parties legally cannot enforce the terms of a contract, even if it was made for their benefit, except in very specific circumstances. [Post edited 21 Jun 13:07]
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Nope. Not the same, in this case RAC are responsible for providing breakdown cover, as in the service to recover a vehicle, however liability for the customer vehicle is with the recovery company. Unless the OP can prove that the RAC knew that the 3rd party was incompetent then the best you will get from them might be some assistance with getting recompense from. 3rd party.
Check the terms of the contract signed with the RAC, it is stated in there.
That is why I don’t use them. | | | |
| One for the collective any car body repair specialists in here on 13:24 - Jun 21 with 493 views | Zx1988 |
| One for the collective any car body repair specialists in here on 13:09 - Jun 21 by bsw72 |
Nope. Not the same, in this case RAC are responsible for providing breakdown cover, as in the service to recover a vehicle, however liability for the customer vehicle is with the recovery company. Unless the OP can prove that the RAC knew that the 3rd party was incompetent then the best you will get from them might be some assistance with getting recompense from. 3rd party.
Check the terms of the contract signed with the RAC, it is stated in there.
That is why I don’t use them. |
Regardless of RAC's terms of business, they cannot simply contract out of their legal obligations.
The Contracts (Rights of Third Parties) Act 1999 applies here, and is incredibly prescriptive. The contract will be between RAC and the recovery firm (they will be the ones providing consideration), and unless that contract names OP and explicitly confers the benefit of the contract upon them, OP will have no right to enforce the contract.
It's precisely the same reason why, if you buy a Samsung TV from Argos and it goes wrong, Argos cannot require you to deal with Samsung for rectification. | |
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| One for the collective any car body repair specialists in here on 13:51 - Jun 21 with 452 views | bsw72 |
| One for the collective any car body repair specialists in here on 13:24 - Jun 21 by Zx1988 |
Regardless of RAC's terms of business, they cannot simply contract out of their legal obligations.
The Contracts (Rights of Third Parties) Act 1999 applies here, and is incredibly prescriptive. The contract will be between RAC and the recovery firm (they will be the ones providing consideration), and unless that contract names OP and explicitly confers the benefit of the contract upon them, OP will have no right to enforce the contract.
It's precisely the same reason why, if you buy a Samsung TV from Argos and it goes wrong, Argos cannot require you to deal with Samsung for rectification. |
Fair enough. I’m not a legal expert just speaking from experience. I hope the RAC help the OP, but my experience suggests they will do all they can to defer to the local company. | | | |
| One for the collective any car body repair specialists in here on 14:26 - Jun 21 with 409 views | Pinewoodblue |
| One for the collective any car body repair specialists in here on 13:51 - Jun 21 by bsw72 |
Fair enough. I’m not a legal expert just speaking from experience. I hope the RAC help the OP, but my experience suggests they will do all they can to defer to the local company. |
RAC cover came with my motor insurance. In a way it serves me right, Town supporter, worked for AA for 26 years ( last century), insuring with Aviva! | |
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| One for the collective any car body repair specialists in here on 15:12 - Jun 21 with 328 views | earlsgreenblue |
| One for the collective any car body repair specialists in here on 14:26 - Jun 21 by Pinewoodblue |
RAC cover came with my motor insurance. In a way it serves me right, Town supporter, worked for AA for 26 years ( last century), insuring with Aviva! |
Your initials aren’t SP by any chance? | | | |
| One for the collective any car body repair specialists in here on 15:44 - Jun 21 with 294 views | Pinewoodblue |
| One for the collective any car body repair specialists in here on 15:12 - Jun 21 by earlsgreenblue |
Your initials aren’t SP by any chance? |
Sorry no | |
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| One for the collective any car body repair specialists in here on 15:45 - Jun 21 with 290 views | Zx1988 |
| One for the collective any car body repair specialists in here on 13:51 - Jun 21 by bsw72 |
Fair enough. I’m not a legal expert just speaking from experience. I hope the RAC help the OP, but my experience suggests they will do all they can to defer to the local company. |
I agree with you there entirely. There'll be a massive difference with what they try to get away with, and what their actual legal responsibilities to OP are. | |
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| One for the collective any car body repair specialists in here on 16:41 - Jun 21 with 226 views | bluelagos |
| One for the collective any car body repair specialists in here on 15:45 - Jun 21 by Zx1988 |
I agree with you there entirely. There'll be a massive difference with what they try to get away with, and what their actual legal responsibilities to OP are. |
Could have done with some Twtd hive mind assistance back in the day.
First one was when TNT delivered a computer that was literally in bits after it had clearly been thrown around in the back of a van.
Worst one was when I foolishly put a computer in the hold of a plane, in a brief case. Again laptop was in pieces, the brief case literally had a tyre mark where it had been run over.
Both cases got told to fck off and "read the small print".
Think I got TNT to make good the damages but only cos I threatened to get them delisted as a supplier to my company. |  |
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| One for the collective any car body repair specialists in here on 17:12 - Jun 21 with 160 views | ronnyd |
| One for the collective any car body repair specialists in here on 10:45 - Jun 21 by jontysnut |
A different universe when RAC patrols used to salute members |
I believe that they saluted the badge, not the member. Or so my granddad told me. | | | |
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