Berger Auto Liability: Get Free Legal Advice

Questioner

I had my damaged car recovered by a recovery company. However, the hood of an exclusive car is missing. Can I hold this recovery company liable?

Lawyer

The recovery company has a duty of care towards the owner of the car, and will in principle be liable for the loss of parts of the car. Was the hood still part of the car when the recovery company was given the assignment? OR was the hood already detached from the vehicle and was it removed by, for example, RWS?

Questioner

The hood was part of the car when it was picked up for transport. I suspect that it was only attached to the front with tape. Brackets with compression springs have broken off. The wind must have blown under this. Rws cannot help me because they do not know where it came off. I also have my doubts whether this actually happened. The car was also delivered a day later than agreed and was parked on unknown terrain. Position of the salvor, AVC conditions. In Article 11.b in which it does not accept its guilt and shifts responsibility to the client. And because there was damage to the hood, it had to be replaced (2 dents) and therefore there is no economic depreciation.

Lawyer

Defective packaging, as referred to in Article 11 paragraph b, cannot be a reason to reject liability. A salvage company of damaged vehicles should secure and package the vehicle correctly for transport, that is their job. The second argument may be valid; if replacing the hood is no more expensive than repairing the hood that is now lost, then in fact no economic damage has been suffered.

Questioner

With this damaged hood the car was approved for the road, without hood not. Fus as far as I am concerned I now have to make extra costs, while this was not necessary. Can you help me with the follow-up. Company maintains its position, I want a lawsuit. Kind regards

Lawyer

You could ask the recovery company to deliver the car to a location that suits you. The damage will not justify a lawsuit in my opinion. If you do consider doing so, you will first have to make the costs that determine the amount of damage.