Damaged new car

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Rolyan
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Damaged new car

Postby Rolyan » Thu May 25, 2017 12:01 pm

A work colleague (yes genuinely, a work colleague, not me) went to pick up his brand new 4 wheel drive full of extras super dooper motor yesterday. An expensive purchase and fresh off the production line in France. Having waited 2 months he was jolly excited.

When he arrived at the dealership, they informed him that the valeter had put it in drive instead of reverse and crashed into the wall in front, damaging the bumper and the bonnet, both of which will now have to be replaced. He said fine, accidents happen, he'll pick it up in 3 weeks when it's been repaired!

Now apart from the fact that he is clearly insane, I wondered what the legal position is. Not so much the moral one, which could be debated ad nauseum, but more is there a specific legal case where he could reject this and insist on a brand new one.

martine
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Re: Damaged new car

Postby martine » Thu May 25, 2017 12:10 pm

Not sure - I think it might be difficult to argue if they replace everything and make it as good as new. I think 'rejecting' is about poor workmanship or defects. I imagine they could ask for compensation though...having to wait another 3 weeks etc
Last edited by martine on Thu May 25, 2017 1:27 pm, edited 1 time in total.
Martin - Bristol IAM: IMI National Observer and Group Secretary, DSA: ADI, Fleet, RoSPA (Dip)

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Discov8
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Re: Damaged new car

Postby Discov8 » Thu May 25, 2017 12:34 pm

Garage has been honest and told him about the accident. The repair should be unrecorded interms of any future Hpi type checks, but does the dealer / car company keep a record on their database that may affect future trade-in value? Does the new car warranty take precedence over the local repair, normally more time limited.

During assembly cars will have rectification work but this is not at the factory, do you believe the car will be at factory standard at point of delivery?

Personally I would wait for a replacement vehicle not a repaired vehicle.

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jont-
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Re: Damaged new car

Postby jont- » Thu May 25, 2017 12:35 pm

At the very least you'd be hoping the dealer would provide an [equivalent] courtesy car. If it's so high spec, how come it hasn't got parking sensors though? /cynic wonders how much "low speed parking accident" it really was.

Rolyan
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Re: Damaged new car

Postby Rolyan » Thu May 25, 2017 2:31 pm

It's got parking sensors apparently, all around. He seems to think it was one of those where the driver looks over his left shoulder but the car goes forward. Straight into a wall and a cold water tap.

Seems a rum do that you have to accept a damaged and repaired car when picking up a new vehicle. I'm not sure people would pay full list price for a vehicle in the showroom in that stated condition. But I suppose it's his decision.

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Horse
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Re: Damaged new car

Postby Horse » Thu May 25, 2017 2:46 pm

Rolyan wrote: Seems a rum do that you have to accept a damaged and repaired car when picking up a new vehicle. I'm not sure people would pay full list price for a vehicle in the showroom in that stated condition.


A cynic might suggest that, if the timescale had been longer, he might never have known . . . :o :oops: :cry:
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IcedKiwi
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Re: Damaged new car

Postby IcedKiwi » Thu May 25, 2017 4:16 pm

Did he buy it through a lease company or is he the legal owner? Would that reduce your rights in refusing it or justify his lack of concern accepting it?

Rolyan
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Re: Damaged new car

Postby Rolyan » Thu May 25, 2017 4:51 pm

Horse wrote:
Rolyan wrote: Seems a rum do that you have to accept a damaged and repaired car when picking up a new vehicle. I'm not sure people would pay full list price for a vehicle in the showroom in that stated condition.


A cynic might suggest that, if the timescale had been longer, he might never have known . . . :o :oops: :cry:

Indeed.

IcedKiwi wrote:Did he buy it through a lease company or is he the legal owner? Would that reduce your rights in refusing it or justify his lack of concern accepting it?


He's the legal owner. Fairly sure he's bought it outright, with a good trade in on his current vehicle.

mainbeam
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Re: Damaged new car

Postby mainbeam » Thu May 25, 2017 10:48 pm

:)

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jont-
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Re: Damaged new car

Postby jont- » Fri May 26, 2017 6:12 am

Horse wrote:
Rolyan wrote: Seems a rum do that you have to accept a damaged and repaired car when picking up a new vehicle. I'm not sure people would pay full list price for a vehicle in the showroom in that stated condition.


A cynic might suggest that, if the timescale had been longer, he might never have known . . . :o :oops: :cry:


To be fair, when my brother worked for Toyota, he said there were a number of cars that needed work when they came off the production line - and I imagine cars shipped from other parts of the world don't all arrive blemish free.


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