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Suzuki Grand Vitara 5dr - Compensation for Recovery nightmare? - zango

Hi,

Back in 2009 I had a problem with a well known recovery company.

They attended a breakdown where we had suffered a sudden tyre deflation. The inside of the rear tyre was sliced through all the way round. (We later learnt that the problem was a detached heatshield from the exhaust touching the sidewall) However, at the time despite commenting on the damage the operative fitted the spare and departed.

A few miles down the road (motorway section of the A1) the same thing happened again. The net result was a recovery by truck including a massive extra delay of about 5 hours in total.

The recovery company said that they would not dispute liability for the second tyre and paid up for this and the fitting costs.

I was amazed that they did not make any goodwill offer, so do I have any basis for a compensation claim?

Before anyone asks, I did attempt to "name and shame" on this very site, but my post was removed by a moderator (he did not provide a reason) even though I went to great lengths to ensure that it was entirely factual.

Best wishes

Peter

Suzuki Grand Vitara 5dr - Compensation for Recovery nightmare? - LucyBC
Depends on the T&Cs. They nearly always exclude compensation in these cases.

You will usually fare best when they undertake the recovery themselves but that is not always the case and forget any thoughts that the big two are in any way "motoring organisations" nowadays.
Suzuki Grand Vitara 5dr - Compensation for Recovery nightmare? - bonzo dog

Am I missing something here?

You called out your recovery company following tyre damage; they attended & changed your tyre.

A few miles later you called them out again following a similar occurrance; they attended, changed the tyre.

You want money out of them for a delay in attending

Have you omitted something?

Suzuki Grand Vitara 5dr - Compensation for Recovery nightmare? - zango

Yes you are.

It is your legal right to expect someone from a recovery company who works on a vehicle to do so with reasonable skill and care. This was obviously not the case with the first tyre change. The recovery company would appear to agree with this conclusion.

The issue is one of consequential loss. We have received compensation for our direct losses (second tyre and repair). However, nothing for the extra delay caused by the second breakdown, or the poor (potentially negligent and life threatening) service received with the first tyre change.

A rapid tyre deflation at 70mph is not a thing to be taken lightly.

Suzuki Grand Vitara 5dr - Compensation for Recovery nightmare? - bonzo dog

Hi again Zango, so are you saying that the recovery co should have diagnosed the cause of the original damage during the first occurrance at the side of the road?

Suzuki Grand Vitara 5dr - Compensation for Recovery nightmare? - zango

Yes.

The recovery company agrees, but I guess you don't as you have replied twice in the same vein now.

Suzuki Grand Vitara 5dr - Compensation for Recovery nightmare? - bonzo dog

Hi again,

The recovery company agrees, but I guess you don't

Without getting on my back & lying under the car I wouldn't have a clue whether roadside diagnosis was something that could have or should have been obvious to the recovery person.

I was simply trying to establish what has happened (which was not clear to my limited brain cells from your other posts). Having done so, I disagree that they should pay you compensation since they did not cause either faults & I don't think that a second occurrance due to their failure to diagnose (however obvious it may or may not have been) is their responsibility.

Suzuki Grand Vitara 5dr - Compensation for Recovery nightmare? - LucyBC

From a legal standpoint these cases are a bit of a minefield. For example if the case is overseas even if you are with one of the "UK motoring organisations" they will hide behind their T&Cs and tell you that you need to sue their agent under another jurisdiction.

If they operate their own service in the UK you may have more luck. But if it is an insured scheme (and nothing necessarily wrong with those) again you probably need to sue the contractor.

Generally speaking the second burst tyre might be recoverable. I am not sure that compensation for the delay would be, unless there is an agreed minimum service level agreement. Most won't have one.