From: Indy Jess John on
The Todal wrote:
> BertieBigBollox(a)gmail.com wrote:
>> It gets worse - went back to garage to complain and they said, yes, it
>> doesnt match. It looks like the back end has been resprayed but thats
>> all the insurance company would pay for.
>>
>> Phoned insurance company and they say they said that the 3rd parties
>> insurance co will only pay for repairs to the damaged area and not a
>> complete respray. I argued that now it doesnt match and they said it
>> even though it was unfair it was tough luck...
>>
>> Surely, this cant be right. Surely I've got a right to have car
>> repaired to how it was before the accident? Remember this was a show
>> quality classic car....
>
> I agree. If the correct matching paint is not obtainable you are entitled to
> a respray. However there may be an element of "betterment" if the vehicle is
> improved as a result of the respray, ie if there were scratches and
> blemishes that have now been cured by the respray. If your car was in
> pristine condition then this should not arise.
>
> I suggest you get 3 independent estimates for the cost of a respray. Present
> them to your insurers and say that if they aren't willing to pay the
> smallest of the three estimates, you will be suing them in the county court.
>
> You can however also write to the insurers of the other driver and ask them
> to pay. The problem is that your own insurers have (presumably) already
> incurred the first bill for repainting the vehicle and if they can't recover
> that from the insurers of the other party they will very probably reduce
> your no claims discount. So it is probably best to deal with your own
> comprehensive insurers and not complicate the issue by going to the opposing
> insurers, unless you have other losses and expenses you want to claim.
>
>
>> I guess my only option now is to go to FOS and see what they say? No
>> idea where I stand legally.
>
> What's FOS? You mean the financial ombudsman service? Only as a last resort.
>
>> I must admit I wish I hadnt even gone through my insurers and gone
>> straight to the third party. Thay way I could have argued with them
>> directly.
>>
>> Wonder if I still have the option to sue the third party or their
>> insurers directy to get the car back to its original condition? Seems
>> like all these insurers are in each others pockets and look after each
>> other....
>
> You do still have the option of suing the third party, yes. If the third
> party has made a payment to your insurers towards the repair bill you have
> already incurred, it is (probably) entitled as of right to deduct that from
> what you are claiming.
>
>
The other option is to see if Trading Standards have had other
complaints against the repairer. If so, then they might be persuaded to
contact your insurer with the details. If not then they might be
prepared to discuss your options with you. At the very least they can
log it as a complaint against the repairer, in case anybody else falls
foul of them.

Trading Standards are a free service from most councils

Jim
From: BertieBigBollox on
On Jul 2, 3:57 pm, Jethro <krazyka...(a)googlemail.com> wrote:
> On 2 July, 15:36, "BertieBigBol...(a)gmail.com"
>
>
>
> <bertiebigbol...(a)gmail.com> wrote:
> > On Jul 2, 3:19 pm, Jethro <krazyka...(a)googlemail.com> wrote:
>
> > > On 30 June, 11:32, "BertieBigBol...(a)gmail.com"
>
> > > <bertiebigbol...(a)gmail.com> wrote:
> > > > Got a classic 1987 mini cooper in mint condition. Well, it was until
> > > > someone ran into the back of it in a car park when it was parked.
>
> > > > Anyway, off it went to the bodyshop recommended by the insurer. Got it
> > > > back yesterday.
>
> > > > Very poor paint job. Its now blatantly obvious that the back has been
> > > > resprayed but not the whole car.
>
> > > > Spoke to my insurance company who said that they could not expect the
> > > > 3rd partys insurer to pay for a complete respray and that this was
> > > > sometimes the problem with older cars.
>
> > > > Seems a bit unfair. So now I've got a car with not matching paintwork
> > > > due to an accident that blatantly wasnt my fault.
>
> > > > Surely, this is not right. Shouldnt the 3rd party or their insurer be
> > > > liable to restore the car to its original condition regardless of
> > > > whether it requires a complete respray?
>
> > > I haven't read every reply in this thread, but ISTR you are required
> > > to sign an acceptance note, before you can drive the car away from the
> > > repairers.
>
> > > If the repair is unacceptable, why didn't you refuse to sign it ?- Hide quoted text -
>
> > > - Show quoted text -
>
> > Wife did :-(- Hide quoted text -
>
> > - Show quoted text -
>
> So I presume the car is still at the garage ? If that's the case, what
> does the garage say about it ? They should be putting pressure on the
> insurance co. too ....

No. Got the car. Went back yesterday and they admitted it looked like
the back had been reprayed and that it stood out. They're excuse was
insurance refused to pay for anything other than area damaged.
From: BertieBigBollox on
On Jul 2, 4:31 pm, stephen.h...(a)btinternet.com wrote:
> In message <11303b4b-9df8-42d1-a936-7a543c59e742(a)32g2000vbi.
> googlegroups.com>
> "BertieBigBol...(a)gmail.com" <bertiebigbol...(a)gmail.com>wrote:
>
> >It gets worse - went back to garage to complain and they said,
> >yes, it doesnt match. It looks like the back end has been
> >resprayed but thats all the insurance company would pay for.
>
> That is bollocks, they should have sprayed it right first time not
> blame the insurance company for not paying, they already have the
> paint and lacquer they just need to paint it again properly as it
> won't cost anymore in materials just their time, but as they did
> it wrong anyway so what if they have to do it again properly.
>
> The fact you signed the acceptance form (or your wife did) is
> another excuse for a cop-out because at the end of the day they
> have not done a competent job.
>
> I can't help with the legal aspect but how can the spray shop not
> match the colour? even if it has been resprayed a completely
> different colour they have the technology now to match almost any
> conceivable colour using computers.
>
> We are talking about ONE easy standard ARG colour and metallics
> are easier to match than straight colours but you have to paint
> across the adjacent panel to blend in the colour correctly, this
> is a know fact in all car repair shops and they all will need to
> do this at some time. Obviously your spray shop has sprayed upto
> the next panel and thought the colour would match without checking
> first and now can't be arsed, believe me it can be done but
> sometimes you have to put in more effort to end up with the
> correct colour match.
>
> If a car spray shop can't match a simple colour then they should
> NOT be in business.
>
> If the back-end was resprayed before and you have not noticed then
> it is probably because someone has taken the time to match the
> colour correctly, in either case your spray shop obviously have
> not bothered to match the colour to the rest of the body.
>
> You don't need a respray to match a colour especially if it is an
> easy to do one shade no variant metallic as we have already
> deduced.
>
> The spray shop is incompetent and merely suggesting that the back
> end has been resprayed is just a cop-out.
>
> Basically all they need to do now is respray the area they cocked
> up but now need to blend to the next panel, which is what they
> should have done the first time.
>
> An example would be to match a damaged boot, the insurance company
> will not authorise the cost of spraying adjacent panels because
> they are not damaged and the paint might match perfectly anyway
> and there then would be no need to paint the wing tops to match
> the colour, however this responsibility lies with the sprayed who
> should factor in having to spray the wings to end up with a colour
> matching the rest of the car.
> This is normal practice on any attempt to colour match correctly
> and we're only talking about a small car with a tiny boot lid and
> even smaller quarter wings.
>
> Stephen.
>
> --http://www.stephen.hull.btinternet.co.uk
> Coach painting tips and techniques + Land Rover colour codes
> "Whatever is rightly done, however humble, is noble". Henry Royce

Its a mini. They sprayed to the rear seams and stopped completely
there.
From: BertieBigBollox on
On Jul 2, 4:26 pm, "Jerry" <mapson.sca...(a)btinternet.INVALID> wrote:
> "BertieBigBol...(a)gmail.com" <bertiebigbol...(a)gmail.com> wrote in
> messagenews:11303b4b-9df8-42d1-a936-7a543c59e742(a)32g2000vbi.googlegroups.com...
> : It gets worse - went back to garage to complain and they said,
> yes, it
> : doesnt match. It looks like the back end has been resprayed but
> thats
> : all the insurance company would pay for.
> :
>
> Are they saying that the shade of paint doesn't match, in which
> case you have a claim against the bodyshop (that you might have
> to fight yourself), or that the new paint doesn't match the old
> paint, if so carry on reading...
>
> : Phoned insurance company and they say they said that the 3rd
> parties
> : insurance co will only pay for repairs to the damaged area and
> not a
> : complete respray. I argued that now it doesnt match and they
> said it
> : even though it was unfair it was tough luck...
> :
> : Surely, this cant be right. Surely I've got a right to have car
> : repaired to how it was before the accident? Remember this was a
> show
> : quality classic car....
>
> ...and they are quite entitled to take that opinion, there view
> is that had *you* kept the paintwork as new then there would not
> be a problem, why should they have to pay for the "Betterment" of
> your car?! Sorry.
>
> :
> : I guess my only option now is to go to FOS and see what they
> say? No
> : idea where I stand legally.
>
> You won't stand a chance in hell if the problem is "Betterment".
>
> :
> : I must admit I wish I hadnt even gone through my insurers and
> gone
> : straight to the third party. Thay way I could have argued with
> them
> : directly.
>
> And still not got the repairs done, I've known such cases drag on
> for a year or more...
>
> :
> : Wonder if I still have the option to sue the third party or
> their
> : insurers directy to get the car back to its original condition?
> Seems
> : like all these insurers are in each others pockets and look
> after each
> : other....
> :
>
> IT IS BACK TO ORIGINAL, that is, back to OE, the fact that the
> paintwork is 25 years old is NOT their problem, you can't expect
> someone else to restore your car for you. As Adrian said, this is
> one reason why classic car policies help as they accept that such
> issues arise.
> --
> Regards, Jerry.

Yeh, but all I want is my car with matching paint (like it was before
some silly bint rammed it in the car park!)
From: BertieBigBollox on
On Jul 2, 6:26 pm, stephen.h...(a)btinternet.com wrote:
> In message <0q4s26pb5li957icof0csd430vvk62a...(a)4ax.com>
>           Cynic <cynic_...(a)yahoo.co.uk> wrote:
>
>
>
> >On Fri, 02 Jul 2010 16:31:55 +0100, stephen.h...(a)btinternet.com
> >wrote:
>
> >>If a car spray shop can't match a simple colour then they should
> >>NOT be in business.
>
> >It is not only the colour that can cause a newly sprayed part to
> >look different to a part that was sprayed a decade ago.
>
> >If I paint a wall of my living room, it will be obvious that the
> >wall has been newly painted even if I have use exactly the same
> >paint that had been used 5 years ago on the other 3 walls.
>
> >I should think it is incredibly difficult to make a fresh paint
> >job look as if it was done many years ago.
>
> The difference is particularly with a conventional vehicle paint
> is that you can always polish the old finish up to look new,
> unless the finish has failed of course.
>
> You cannot make old household paint look new, but you can
> sometimes make new paint look old but it will always be cleaner
> looking.
>
> I admit there can be difficult colours even on old vehicles but
> they normally can always be matched.
>
> I have matched an old 1926 Rolls Royce standard paint finish and
> intend this month to match a 1980's coach paint finish that has
> faded considerably, I don't want to paint the whole vehicle just
> for one small repair area but I will be able to match the colour,
> finish, texture and obtain a similar shine, it just takes a little
> time but can be done.
>
> Stephen.
>
> --http://www.stephen.hull.btinternet.co.uk
> Coach painting tips and techniques + Land Rover colour codes
> "Whatever is rightly done, however humble, is noble". Henry Royce

So polishing / tcutting whatever might sort it out?