Understanding Your Rights When a Garage or Mechanic Damages Your Car
Understanding Your Rights When a Garage or Mechanic Damages Your Car
When you leave your car with a garage or mechanic for repairs, you have clear rights under UK law. If your vehicle is damaged while in their care, it’s important to understand what protections you have and what steps you should take.
Your Consumer Rights
Under the Consumer Rights Act 2015, any service you pay for – including car repairs – must be carried out with reasonable care and skill. This means the garage or mechanic is legally required to look after your vehicle and perform repairs to a satisfactory standard. If they fail to do so and your car is damaged as a result, you may be entitled to compensation or to have the damage put right at no extra cost.
The Garage’s Duty of Care
Garages and mechanics have a legal duty to take reasonable care of your car while it is in their possession. This duty covers both the work they do on your car and the general care of your vehicle while it’s on their premises. If your car is scratched, dented, or otherwise damaged during repairs – or even while parked at the garage – this could amount to a breach of that duty.
What Counts as Damage Caused by the Garage?
Damage caused by a garage or mechanic can include:
Scratches, dents, or chips to the bodywork that were not present before
Mechanical faults that result from poor workmanship or incorrect repairs
Interior damage, such as stained seats or broken controls
Damage from accidents on the garage’s premises (for example, if your car is hit by another vehicle while in their care)
It’s important to distinguish between pre-existing issues and new damage that occurs during the repair process. Garages should inform you of any problems they find before starting work, and you should be notified immediately if accidental damage occurs.
Documenting the Damage
If you believe a garage or mechanic has damaged your car, keep detailed records to support your case:
Take clear photographs of your car before and after the repair work, focusing on any areas where damage has occurred.
Retain all paperwork, including repair estimates, invoices, and any written communication with the garage.
Make notes of conversations with staff, including dates, times, and what was discussed.
Ask for a written report or acknowledgment from the garage if they admit responsibility for the damage.
Having thorough documentation will make it easier to prove your claim and seek compensation if needed.
Exploring Related Issues
Understanding your rights in this situation is part of a wider set of protections for consumers dealing with garages and car repairs. For more information on common issues, how to resolve disputes, and your options if things go wrong, see our guide to garage and car repair disputes.
By knowing your rights and keeping good records, you can take confident steps to resolve problems if a garage or mechanic damages your car during repairs.
Steps to Take If Your Car Is Damaged by a Garage or Mechanic
Steps to Take If Your Car Is Damaged by a Garage or Mechanic
If you discover that your car has been damaged while in the care of a garage or mechanic, it’s important to act quickly and methodically to protect your rights. Here’s a step-by-step guide on what to do:
1. Check and Document the Damage Immediately
As soon as you collect your car, inspect it thoroughly before leaving the garage. Look for any new scratches, dents, or mechanical issues that weren’t present before the repair. If you notice damage:
Take clear photographs of the affected areas from multiple angles.
Make notes about the date, time, and nature of the damage.
If possible, gather evidence showing the car’s condition before the repair, such as previous photos or inspection reports.
This documentation will be crucial if you need to make a claim or escalate the issue later.
2. Contact the Garage or Mechanic Promptly
Notify the garage or mechanic about the damage as soon as you spot it. It’s best to do this in writing – such as by email – so you have a record of your complaint. When contacting them:
Describe the damage clearly and attach your photographs as evidence.
State when you noticed the issue and explain that it was not present before the repair.
Ask for a prompt response to discuss how they intend to resolve the matter.
The Consumer Rights Act 2015 states that any service provided by a garage must be carried out with “reasonable care and skill.” If the garage fails to do this and causes damage, you are entitled to ask them to put things right.
3. Request a Detailed Explanation and Repair
Ask the garage or mechanic for a full explanation of how the damage occurred. You have the right to:
Request that the garage repairs the damage at no extra cost to you.
Ask for a breakdown of what happened and what steps they will take to fix it.
If you’re not satisfied with their explanation or offer, you can seek an independent assessment from another garage or a qualified vehicle inspector.
If the garage refuses to repair the damage, you may be entitled to claim compensation for the cost of repairs elsewhere.
4. Keep All Correspondence and Evidence Safe
Throughout the process, keep a record of all communication with the garage or mechanic. This includes:
Emails, letters, and text messages
Notes from phone calls (including dates, times, and names of people you spoke to)
Copies of estimates, invoices, and receipts
Storing this information safely will help you if you need to escalate your complaint to a trade association, trading standards, or take the matter to the small claims court.
By following these steps, you’ll give yourself the best possible chance of resolving the issue quickly and fairly, in line with your legal rights as a consumer.
How to Raise a Formal Complaint
When you discover that a garage or mechanic has damaged your car during repairs, raising a formal complaint is an important first step. Acting promptly and following a clear process can help protect your rights and increase your chances of a satisfactory resolution.
1. Write a Clear Complaint Letter or Email
Begin by setting out your complaint in writing. This could be a letter or an email addressed to the garage’s manager or owner. Clearly describe:
What work was carried out and when
The specific damage you believe was caused by the garage or mechanic
Any evidence you have (such as photos, receipts, or inspection reports)
The outcome you expect (for example, a free repair, compensation for the damage, or a refund)
Be polite but firm, and keep a copy of all correspondence for your records. Stating your expectations clearly helps the garage understand how to resolve the issue.
2. The Garage’s Obligation to Respond
Under the Consumer Rights Act 2015, garages must provide their services with reasonable care and skill. If your car is damaged while in their care, the garage is usually responsible for putting things right. Once you’ve raised your complaint, the garage should respond within a reasonable timeframe – often within 14 days. They should offer to inspect the damage, discuss possible solutions, or explain their position if they disagree.
3. Use the Garage’s Complaints Procedure
Many garages, especially those belonging to trade associations or motoring organisations, have their own complaints procedures. Ask if there is a formal process you should follow. This may involve filling in a complaints form or escalating your complaint to a manager. Following their internal procedure can sometimes help resolve the issue more quickly and shows you’ve acted reasonably if you need to take things further.
4. Escalate if the Garage Does Not Cooperate
If you don’t receive a satisfactory response, or the garage refuses to accept responsibility, you may need to escalate your complaint. Options include:
Contacting a relevant trade association if the garage is a member
Seeking advice from consumer protection bodies or trading standards
Considering alternative dispute resolution (ADR) schemes
If these steps do not resolve the dispute, you might need to pursue compensation through the small claims court. For more guidance on what to do next and how to handle ongoing garage and car repair disputes, visit our dedicated page.
Taking a structured approach to your complaint helps demonstrate that you have acted fairly and gives you the best chance of resolving the matter without needing to take legal action.
Seeking Compensation or Resolution
If a garage or mechanic has damaged your car during repairs, you have a right to seek compensation or another suitable resolution. The law is on your side, and there are several ways to address the issue and secure a fair outcome.
Your Options for Compensation
Under the Consumer Rights Act 2015, you’re entitled to expect that any service, including car repairs, is carried out with reasonable care and skill. If the garage has caused damage, they have failed to meet this standard. In these cases, you may be entitled to:
A free repair: The garage should put right any damage they have caused at no extra cost to you.
A price reduction: If a repair isn’t possible or you’re unhappy with the outcome, you can ask for a reduction in the price you pay.
A refund: In some situations, especially if the damage is severe or the service is completely unsatisfactory, you may be able to claim a full or partial refund.
Negotiating a Fair Resolution
Start by explaining the problem clearly to the garage, providing evidence such as photographs, receipts, or expert opinions if possible. Be specific about what you want as a resolution – whether that’s a repair, refund, or price reduction. Remain calm and polite, but firm. Putting your complaint in writing can help create a clear record of your request and the garage’s response.
If the garage refuses to cooperate, or you can’t agree on a solution, you may find our guidance on what to do if a garage won’t fix your car properly helpful.
Using Alternative Dispute Resolution (ADR)
If direct negotiation doesn’t work, consider using an Alternative Dispute Resolution (ADR) service. ADR schemes are independent bodies that can help you and the garage reach an agreement without going to court. Many garages are members of trade associations with access to ADR, so ask if this is an option. Using ADR is often quicker and less expensive than legal action.
Understanding Your Rights
The Consumer Rights Act 2015 sets out clear standards for services. If the garage fails to repair your car with reasonable care and skill, you have the right to ask for the work to be redone or for a price reduction. If the issue is not resolved, you can escalate your complaint – potentially involving Trading Standards or the small claims court if necessary.
For a deeper look at your legal position and practical steps, see our page on problems with car repair – UK legal considerations.
By understanding your rights and the available options, you can take confident steps to resolve the issue and secure the compensation you deserve.
Using Your Vehicle Insurance to Cover Damage Caused by a Garage
If your car is damaged while in the care of a garage or mechanic, you might consider using your vehicle insurance to cover the repair costs. However, this route is not always straightforward, and it’s important to understand when it’s appropriate, what your insurer will require, and how the claim could affect your policy.
When to Claim on Your Vehicle Insurance
Generally, the garage is responsible for any damage they cause to your vehicle while it’s in their possession. In most cases, you should first ask the garage to put things right using their own insurance or by paying for the repairs themselves. However, if the garage refuses to accept responsibility, is uninsured, or disputes your version of events, you may need to turn to your own vehicle insurance for help.
Before proceeding, check your policy documents to see if you are covered for this type of incident. Comprehensive policies are more likely to cover damage caused by a third party, but you should confirm the details with your insurer.
For a step-by-step guide on the process, see our advice on making a claim under vehicle insurance.
What Your Insurer Will Need
When making a claim, your insurer will ask for clear evidence of the damage and how it occurred. This may include:
Photographs of the damage
A copy of the garage’s invoice or job sheet
Written correspondence with the garage about the incident
Any witness statements, if available
Providing detailed and accurate information will help your insurer assess your claim quickly and fairly.
Understanding Fault and Its Impact
If the damage was caused by the garage or mechanic, you are not at fault. In insurance terms, this is important because it can affect how your claim is processed and whether you need to pay an excess. Your insurer may attempt to recover the costs from the garage’s insurer, a process known as “subrogation.”
To learn more about the implications of not being at fault, read our guide to making a claim if the accident wasn’t your fault.
Will Your No-Claims Bonus Be Affected?
Even if you are not at fault, making a claim on your policy can sometimes impact your no-claims bonus, at least until your insurer recovers their costs from the garage or their insurer. If they are successful, your no-claims bonus should be reinstated. However, this process can take time, and you may need to pay your excess up front and reclaim it later.
Always ask your insurer how a claim will affect your no-claims discount before proceeding, as the rules can vary between providers.
In summary, using your own insurance to cover damage caused by a garage is usually a last resort, but it can offer a solution if the garage refuses to help. Make sure you gather strong evidence, understand the implications for your policy, and follow the correct claims process to protect your rights and minimise financial impact.
When to Involve Third Parties
When to Involve Third Parties
If you’ve tried to resolve the issue directly with the garage or mechanic but haven’t reached a satisfactory outcome, it may be time to involve third parties. Here’s how different organisations and processes can help you pursue your complaint:
1. Trading Standards
Trading Standards is a local authority service that helps protect consumers from unfair trading practices. If you believe the garage has acted dishonestly, misled you, or breached consumer protection laws – such as the Consumer Rights Act 2015 – you can report your concerns to Trading Standards through the Citizens Advice Consumer Service. Trading Standards can investigate garages that repeatedly provide poor service or break the law, and may take enforcement action if necessary. While they cannot resolve individual compensation claims, their involvement can put additional pressure on the business to settle disputes fairly.
2. Alternative Dispute Resolution (ADR) Schemes
Many garages are members of trade associations or are signed up to Alternative Dispute Resolution (ADR) schemes. ADR offers a way to resolve disagreements without going to court, often through mediation or arbitration. These schemes are usually quicker, less formal, and less expensive than legal proceedings. To use ADR, check if the garage is a member of a scheme – this information is often displayed on their website or at their premises. If so, you can submit your complaint to the relevant ADR provider, who will review the evidence from both sides and suggest a fair outcome. Using ADR does not affect your legal rights, and you can still take court action if you’re not satisfied with the result.
3. Taking Your Case to the Small Claims Court
If all else fails, you may need to take your dispute to the small claims court. This is suitable for most car repair claims where the amount in dispute is up to £10,000 in England and Wales. The court can order the garage to pay you compensation or cover the cost of further repairs if you can prove they caused the damage. Before starting a claim, send the garage a formal letter outlining your complaint and giving them a final chance to resolve it. This is called a ‘letter before action’ and is a requirement of the court process.
For a step-by-step guide on how to prepare and submit your claim, including what to expect during the process, see our page on small claims court for car disputes in the UK.
4. Preparing Your Case and Evidence
Whether you use ADR or go to court, strong evidence is crucial. Gather all relevant documents, such as:
Written quotes and invoices from the garage
Photographs of your car before and after the repair
Any written communication with the garage (emails, letters, texts)
Independent mechanic reports or assessments
Proof of payment for further repairs, if applicable
Clear, organised evidence will strengthen your case and increase the likelihood of a successful outcome. Remember, the burden of proof is on you to show that the garage caused the damage and did not meet their legal obligations.
By understanding your options and preparing thoroughly, you can take effective steps to resolve your dispute and seek fair compensation.
Related Issues and Further Resources
When dealing with damage caused by a garage or mechanic, you may encounter other related problems that are just as important to understand. Here’s a closer look at common issues, how they overlap, and where to find further guidance.
Other Common Problems with Car Repairs
Car repair disputes can go beyond just physical damage. You might face poor workmanship, delays, or unexpected costs. For a wider overview of your rights and practical steps to take, see our guide on problems with car repair – UK legal considerations. This covers everything from guarantees and warranties to how the Consumer Rights Act 2015 protects you when things go wrong.
Disputes Over the Repair Invoice
It’s not unusual for disagreements to arise over the final bill. This could involve being charged for work you didn’t authorise, unclear pricing, or costs that don’t match the original quote. If you’re facing issues with your bill as well as damage to your car, our car repair invoice disputes page explains your options, such as how to challenge charges, what evidence you’ll need, and how to escalate your complaint if necessary.
Garages Not Fixing Cars Properly
Sometimes, the problem isn’t new damage, but the garage failing to fix the original fault – or even making it worse. This can overlap with damage claims, as poor repairs may cause additional issues or further harm your vehicle. Your rights under the Consumer Rights Act mean the garage must perform repairs with reasonable care and skill. If you believe the garage won’t fix your car properly, you have the right to ask for the work to be redone or to seek compensation.
Additional Rights Related to Car Purchases
Occasionally, damage or faults discovered after a repair might reveal underlying issues with the car itself – especially if you’ve recently bought it. If you think the problem is linked to how the car was sold, or if you’re facing issues with a new or used vehicle, it’s worth exploring your rights regarding car purchase issues. This can help you understand your options for refunds, repairs, or replacements under the Consumer Rights Act and other relevant laws.
If you’re dealing with damage from a garage, it’s often helpful to look at the wider picture. Understanding related issues will help you resolve disputes more effectively and protect your rights as a consumer. For more detailed advice, explore the linked topics above.
