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I took my car for an MoT yesterday then used it to go to work the same evening. Driving home from work this morning the bonnet flipped up and wrapped itself around the windscreen and roof. The last time the bonnet was opened was during the MoT so I assume it wasn't closed properly by the garage staff. I'm going down there now to talk to the manager of the garage to ask him if he's prepared to accept responsibility and compensate me or repair the damage. My question is: If he denies all responsibility is there anything I can do to try to get compensation? All I want is my car fixed and a new pair of underpants. The damage:
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bloody hell thats a mess....i think you need to see a proper solicitor, gutted for you
my useless contribution, isn't the emphasis on the driver of a vehicle to ensure its roadworthyness before each trip onto public road, ie checking lights, tyres, bits not hanging off (i know, no one does it, but is that the garages fall back??)
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scruff
Part of things
Posts: 621
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Sorry to see that Sadly I very much doubt they'll be interested or you will have any recourse to challenge them. You drove it away from the MOT station OK; after that they will claim that is was you that opened the bonnet and didn't close it again. No one can prove it either way.
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1994 Lotus Esprit - Fragile red turbo with pop up lights. 1980 Porsche 924 - Fragile red turbo with pop up lights.
I spy a trend...
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Ouch.
This is just an opinion rather than anything based in fact but I suspect you'll find it's still your responsibility to check your car is safe and roadworthy before you drive it anywhere...it seems a little harsh given the circumstances but in terms of legalities that probably puts the blame at your door. I've never driven a Focus with the bonnet open so I couldn't comment on your car directly but in any car I've driven the without properly closing the bonnet (which has happened a surprising number of times!) I've always noticed it quite quickly...I wonder if the problem wasn't that it was left open but that the catch failed all by itself? It's probably worth talking to the garage, but I'd be surprised if they put their hands up to anything.
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Last Edit: Mar 22, 2012 9:32:07 GMT by rmad
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Legal advice needed please!DarrenW
@darrenw
Club Retro Rides Member 74
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I don't know anything Focus-specific but on any of my cars (apart from the Mini) you'd have to be very deliberate to close a bonnet without putting it onto the safety latch, which presumably you'd notice as the bonnet rattled around against it as you drove along. Dunno.
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my mother had a focus, and the bonnet opened and locked with a key behind the oval ford badge on the grill. Is this the case here?
if so, it would seem the garage didnt lock it, but proving they are at fault will be very difficult
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Someone just shot the elephant in the room.
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Mar 22, 2012 10:01:49 GMT
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Not 100% sure but would they even open the bonnet for an MOT?
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Mar 22, 2012 10:02:19 GMT
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VIN number check
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Someone just shot the elephant in the room.
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MrSpeedy
East Midlands
www.vintagediesels.co.uk
Posts: 4,789
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Mar 22, 2012 10:03:43 GMT
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Sorry mate, but i'm pretty sure you'll find it's your responsibilty, not theirs, regardless of who touched it last. Same with lorry drivers. It's their responsibilty to ensure the security of their load, not the forklift driver
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berendd
Europe
why do I need 3 keys for one car?
Posts: 1,449
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Mar 22, 2012 10:35:45 GMT
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I don't know anything about MOT's but in the equivalent yearly dutch test the bonnet catch is one of the parts that has to be checked. So if the catch failed, it should have been an MOT fail, and they shouldn't have passed it.
On the other hand, it's your responsibility to ensure your vehicle is safe...
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Mar 22, 2012 10:42:35 GMT
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I think (don't quote me) that they also have to check under the bonnet now to check for fuel leaks and that the battery is secured.
Its your word against theirs that you didn't open the bonnet later. Also I think they'll probably go with "your responsibility to check the bonnet is shut" and so on.
I notice a number of non-matching colour panels on the car - has it been in an accident previously? Could be that some badly repaired accident damage not spotted by (or part of) the MOT cause the bonnet to come open...
As said, when ever I had a car not have a properly shut bonnet the thing raised up, rattled about and made it very obvious it wasn't shut right within a mater or yards.
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1941 Wolseley Not Rod - 1956 Humber Hawk - 1957 Daimler Conquest - 1966 Buick LeSabre - 1968 Plymouth Sport Fury - 1968 Ford Galaxie - 1969 Ford Country Squire - 1969 Mercury Marquis - 1970 Morris Minor - 1970 Buick Skylark - 1970 Ford Galaxie - 1971 Ford Galaxie - 1976 Continental Mark IV - 1976 Ford Capri - 1994 Ford Fiesta
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Mar 22, 2012 13:29:33 GMT
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the bonnet safty catch is part of the mot
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sinjon
Part of things
Posts: 46
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Mar 22, 2012 13:57:54 GMT
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a similar thing happend to me a few years ago with a laguna i had, you could try your luck like i did, i wrote them a letter saying id taken legal advice and was considering taking them to court, they payed for a new bonnet. my car was no where near as badly damaged as yours tho. to be fair tho, it happened while they had my car, they had no need to be out in the car and certainly no need to be going fast enough for the bonnet to fly up as the garage is in the middle of a town, there excuse was they were warming the cat up for the mot, even tho id just taken the car there, billy bulls***ters, i called there bluff and they paid out.
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2.9 sierra xr4x4
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Mar 22, 2012 14:06:37 GMT
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That'll be a write off because of roof damage - difficult to properly repair. Assuming you have fully comp claim off your insurance and let them fight the garage. Doubt they are going to admit liability though seeing they would have to pay out am amount equal to that of a replacement car and reckon you'd struggle to sort it out yourself without a solicitor.
Paul H
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Mar 22, 2012 14:49:25 GMT
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That'll be a write off because of roof damage You need to get your insurers involved, for sure. If you're not fully comp then an ambulance chaser solicitor might be the mosty cost effective way (no outlay up front) to get this dealt with but I can't see the garage ever having to bear responsibility for this. This looks like a component failure, not negligence on the part of whoever last closed the bonnet. Even if they didn't close it properly, you would've noticed it sitting up at the front. From what I remember, my Focus like yours had a catch with lots of movement and can't remember there being a way to leave it closed properly (not on the latch) but not locked off so that the key was required to open it. I'd be surprised if the garage had to take any responsibility for this.
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Mar 22, 2012 15:01:50 GMT
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Your insurance may include legal cover, so it might be worth calling them if nothing else seems to work, the bonnet is definitely opened during the MOT - in fact if it doesn't open the tester cant carry out the test (refusal to test certificate issued). I would approach the garage nicely first though, they are not all demons. I would expect that the car would be written off with that level of damage. Sorry.
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Mar 22, 2012 15:24:10 GMT
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Thanks for all the replies so far guys. It seems the general concensus is "tough curse word", which I sort of expected.
The bonnet catch is not faulty but there is very little movement between locked and on the latch, maybe 10mm at most and the bonnet looks properly closed when on the latch. The bonnet has done this before because my dear step-son didn't close it properly when using the car to jump start another car. That's why the bonnet is a different colour. I claimed for a new windscreen on my insurance the last time and replaced the bonnet myself. However, I'm pretty sure if I claim again for the same thing I'll lose all my no claims and I don't want to anyway because this is not my fault.
Anyway, I have spoken to the owner of the garage who has reluctantly agreed to replace the screen only. I can do the bonnet myself again no problem. So now the car is practically worthless to anyone else so I'll just carry on with my original plan of keeping it until it's no longer worth spending any money on. I can live with the unintentional rat look.
One more point: how many people check that their bonnet is closed properly before EVERY trip? Come on, be honest.
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Mar 22, 2012 15:30:12 GMT
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Very unlucky mate, I know focus bonnets don't open much on the latch, would have been easy to miss.
I hope the new screen fits with your modified roofline though.
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I've got Rovers.
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Mar 22, 2012 16:04:45 GMT
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Looking along the line of the top of the windscreen it still looks perfectly straight so the screen should fit OK. The work is being done on Monday so fingers crossed....
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Mar 22, 2012 17:05:43 GMT
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so you knew it was iffy yet you didnt check before you left or even told the garage?
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