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Car damaged after recall

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  • 11-10-2018 12:50pm
    #1
    podge57
    Registered Users Posts: 1,640 ✭✭✭


    I received a letter from BMW last month saying my car was being recalled for urgent repairs. It was picked up late at night, stored and repaired the next day.

    I picked it up the following evening, and only noticed a fairly significant chip to the rear bumper once I got home. I called BMW and went through their claims procedure. After a few weeks, they advised they would be paying for a repair as I had signed a vehicle condition report, and the towing agent had pictures to note the existing damage to the car (some minor scratches and scuffs)

    I requested the pictures, and it was quite obvious that they were not taken when the car was picked up (they were taken in broad daylight), so the form I signed was not applicable.

    This is the response I've ultimately ended up with:

    Having looked at the damage in question and having discussed the matter with our Network Manager, we feel that the damage is not consistent with damage that would occur in the course of the vehicle being towed.
    Whilst I acknowledge your point about the photographs having been taken the following day, we do feel that the agent took all necessary and available steps, is not culpable for the aforementioned damage and, therefore, we will not be pursuing them for the costs of said damage.

    What is the best way to pursue this further? And who should I pursue with? There are multiple parties involved, but I suppose this ultimately lies with BMW?


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    #2
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    podge57 wrote: »
    What is the best way to pursue this further? And who should I pursue with? There are multiple parties involved, but I suppose this ultimately lies with BMW?
    There are two parties involved; you and BMW. The towing company is not your problem, whether BMw want to pursue them for costs, is not your problem. Whether BMW pay for this out of their own pocket, is not your concern. Don't let them bullsh1t you on this.

    "As the vehicle is towed unprotected on a public road, it is not possible to determine what is "consistent" with towing-related damage, so I reject your refusal to accept liability for this issue.

    A picture taken the day after pick-up would seem to further suggest a deliberate attempt to cover up accidental damage caused after collection.

    Your decision not to pursue the towing agent for costs is none of my concern. You are liable for the damage to the vehicle and therefore for the cost to repair. I require that this repair is carried out to my satisfaction, otherwise I will have it repaired privately and pursue for costs through the small claims court".


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