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My girlfriend's BMW Z4 was damaged on a garage forecourt - where does liability lie?

My girlfriend recently chose her local BMW garage to repair the bodywork of her Z4 after a brick was thrown at it. However, before she had taken back ownership of the car after it had been repaired, another customer reversed into it causing extensive damage. The dealer was driving her car at the time (though she was told it was stationary at the time of the new accident) and the car was on the garage forecourt. The young lad driving the car that caused the new damage admitted liability. I have a few questions.

1. Should the other customer be liable for this or, as the accident happened on private property, should the cost of the repair of the new damage be the responsibility of the garage?

2. One of the headlights will need to be replaced as a result of the accident. However, if they replace one unit, the headlights will not match as the other side is 'cloudy' (previously, both units were 'cloudy'). Therefore, my girlfriend asked them to replace both so that when she sells the car it will not be very obvious that the car has been involved in an accident. They are saying that the insurance claim will not cover this. Is this correct?

3. Even if the other customer's insurance company will not cover this, should the garage's liability cover this as the car was in their care? The car has only done 20,000 miles and is an 05-registered car so is in A1 condition and this would affect the re-sale value, so I do not think its an unreasonable request.

Strangely, my girlfriend was asked to leave the garage very quickly after the accident and the following morning she was offered the use of a brand new Z4 3.0 car for the duration of the repair, which all looks a little suspicious.

Asked on 12 September 2010 by petehall

Answered by Honest John
It's the responsibility of the driver who did the damage. Not the responsibility of the bodyshop, unless the person who did the damage was an employee of the bodyshop and was moving cars on its behalf. No, of course the insurance claim will not cover replacing both headlights. The 'cloudy' light may need to be replaced anyway to pass an MoT.
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