by Kris Reid  November 17, 2007 2:48 pm
Smash Repairs
roblou asked:

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  1. by Edwin November 24, 2007 at 1:32 am

    The question is whether he did something that made the window fall down. If it is a fault in the car that existed prior to the visit to the garage they are not liable.

  2. by Bollox November 24, 2007 at 4:35 pm

    Whilst the car is in their care they are responsible for any damage however if the window WAS loose when you took it onto the garage you should just repair it yourself or be prepared to go to small claims court

  3. by sirFirst Name M November 27, 2007 at 8:20 am

    did they make you sign a disclaimer? also was there a bailment made? If there was then they are accepting responsibilty because of the transfer of property and for them not showing adequate care. You can take them to small claims if you have proof that they did it. Get them to say it was in there hands when it happened. Good Luck

  4. by Bedouin November 30, 2007 at 1:01 am

    If it fell down because of the mechanism being worn out or rusted through then the garage is not liable for the repair. Have you had a problem with it previously; if so again your cost. Only if the garage was negligent in the way they parked the car are they guilty.

  5. by Adam 123 add November 30, 2007 at 9:28 pm

    it is the garages fault as you left the car in their care and it is their duty too protect customers vehicles

  6. by Bardic December 3, 2007 at 7:48 am

    They have a duty of care, but if they did nothing deliberately or carelessly they are not liable. You’d have to prove it was something they did which caused the damage. If the driver just shut the door normally and the window fell out, for instance, it is not his problem I’m afraid.

  7. by Mick W December 6, 2007 at 12:07 pm

    so how come the window didn’t fall down and smash all the while you had the vehicle and were driving it????
    the first thing that enters my mind is was it parked outside overnight, and was subject to an attempted theft, this can also happen during the day, do you know what mileage had been recorded when you left the vehicle at the garage, and what it is now, also has the fuel in the tank disappeared, has someone been using it for their personal use at your expense.
    car windows have bits of metal attached to the bottom of them which in turn attach to the window winder mechanism, they don’t just fall out!!!
    the law only accepts one standard, and it requires that work must be carried out with reasonable care and competence, and it must be suitable for the purpose the manufactures intended it to be used for, (this means if you have a door lock repaired tying it up with string is not acceptable method of repair), with work on vehicles 12 months or normal annual mileage applies, relating to responsibility for repairs, and any restrictive guarantee must be stated on the bill, i;e manufactures cam-belt kit guarantee being reduced to 4 months or say 4000 miles.
    if you have someones property in your custody or control you are responsible for it, and any damage that is caused to it, irrespective of excuses, of “oh it must have been like it” when returning a neighbour’s lawn mower, you have wrecked to avoid paying for it.

  8. by Mark F December 7, 2007 at 10:15 am

    Sounds like a pre-existing condition to me.

  9. by Mark B December 9, 2007 at 11:57 pm

    The garage does have a duty of care while working on your car. However unless you can prove the broken window was caused by their negligence then you will have to pay. It sounds like the window regulator came adrift from the glass. This is a wear and tear item. Most likely been caused by somebody trying to open the wondow when frozen.

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