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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22320
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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while our car was serviced we were given a loan-car. While

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while our car was serviced we were given a loan-car. While this car was parked on the street in front of our house, the front mirror of the loan-car was damged. We straight away went back to the (Honda) dealer and reported the damage. At the time the workshopmanager said: do not worry about it, I don't think you have to pay for the damage but he had to report the incident to head office. We now have received an invoice for $379.50. There reason is that their insurance no-claim is more than this amount and therefore we have to pay. My husband is totally unaware of being told any such thing at the time of taking the car away from the lot. Any advise would be very helpfull to these pensioners Fred and Ineke

christhelawyer :

Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear

christhelawyer :

Your own insurance may cover this although you have a problem with the excess as well.Sometimes, where this is not your fault, they do not impose the excess, but I assume you dont know who did this anyway.

christhelawyer :

However the legal position is that you are liable for damage while the loan car is in your possession. So technically they are correct although I assume they will now lose you as a customer. I would question whether this is the cost to them to repair this as well, or whether they have charged the retail figure

Customer:

we have not witnessed the incident

christhelawyer :

It would have been better if they told you that you were liable for damage, but you would unfortunately still be liable.

Customer:

right, we can't claim on our insurance as our excess is over that amount. Yes we have since moved and will therefore not be an ongoing customer after 5 years as their client. Such a pity. I shall query the amount as to their retail price as you suggested. But by golly - I am not pleased at all. Thank you for your help.

christhelawyer :

I cant blame you being upset and it seems a bit mean spirited when this was not your fault, and it was just a loan car. But perhaps they dont care about repeat customers, and certainly they have lost you and I expect your friends as well.

Customer:

Lesson learned (never too old) As we were under the impression that we would not have to pay, we did not take proper notice of the model car. Now I can't even google the cost of replacement mirror. I shall get in touch with headoffice and see what we can achieve. Just needed to know my facts first.

christhelawyer :

Perhaps from the customer relations angle they should treat you better, and I agree their head office may be more concerned about that

Customer:

so be it. I am pleased with the way this has been conducted. Thank you and goodbye. Ineke

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