Beware – you ARE being watched!

legal updates

When test driving a customer’s car, drive it as if that customer was sat in the front seat next to you.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

Two cautionary stories here about the need to always assume that you are not alone when test driving a customer’s car.

In the first case, our client’s two employees were testing a vehicle that was either in for repair or had just been repaired by them. They were having a bit of banter in the car and making comments which, if you knew them, would not be taken seriously.

HOWEVER, the customer returned fuming. Stating that he had installed a “dash-cam” that had videoed our client’s employees during all stages of the test drive. Suffice to say that he was so annoyed that it rapidly ended up on the website of a national, daily, newspaper and attracted rather too much bad publicity!

In the second (unconnected) scenario the customer returned to say that they were refusing to pay the repair bill. The customer’s justification was that her car had been fitted with an insurance tracker and that her insurance company had just sent her a text message to say that her car had been identified as driving at 45mph in a 30mph zone!  At the exact time that she was sat at home waiting for her car to be returned after repair and test drive.

So you don’t need me to spell it out. When test driving a customer’s car, drive it as if that customer was sat in the front seat next to you – and adjust your behaviour (and speed) accordingly. Otherwise, every indiscretion you make or any words you utter may very well come back to haunt you. 

Lawgistics members can contact the legal team for guidance if you or your staff are caught on camera.

HaswentWebsites for dealers small and large

Composer is a next-gen automotive platform that has been designed from the ground up to give you an intuitive way to promote your stock. You have extensive stock management options, and you'll gain a brilliantly responsive new website to advertise your stock, starting at just £39.99/month.

Jason WilliamsLegal AdvisorRead More by this author

Related Legal Updates

Implications, assumptions, and confusion – why being clear on your actions could be key to winning

The diagnosis showed the third-party garage had failed to repair the vehicle to a satisfactory standard and this was relayed to the consumer.

Burden of proof? Get your evidence while you can!

The burden of proof reverses for issues raised between 30 days and six months of ownership.

A New Case – What Do We Need From You?

You might be thinking, “Why do my thoughts and comments matter?”

Maintaining professionalism in customer disputes

Your emails may be presented to a judge for review to help decide on how you have handled the matter before the court’s involvement.

Assist your consumer… before it’s too late

If a consumer is ignored or refused assistance by you, and a repair is carried out, you will no longer be able to inspect the failed component.

Car sold with a fault

Ensure the consumer is aware, understands, and most importantly, accepts the vehicle is subject to fault.

What you pay for is what you get

The consumer presented our member with the bill because they wrongly thought they had the right to do what they wanted.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.