You often hear the term ‘experts’ when discussing issues in the motor trade, but some traders may not be aware of their place when dealing with consumers or businesses.
Most commonly, conflicts arise when there is an issue on a vehicle, whether that is a vehicle you have sold or one you have repaired if you are a service and repair garage. You can obtain a garage report on what the issue is and how it arose, but expert reports are the gold standard.
Everyone is feeling the cost of living crisis and both traders and consumers are becoming more reliant on financing vehicles than paying for vehicles in cash. When you enter an agreement with a finance company to sell a vehicle, you are likely to be tied into an indemnity. This means you agree to cover the finance company’s losses, for example repair costs or sums arising from a rejection.
Depending on who has the burden of proof, you may wish to inspect the vehicle to identify any issues. However, expert reports carry the most weight and are often obtained by finance companies to support their position.
Experts do come at a cost, but compared with litigation they are usually a sound investment, especially in the early stages before solicitors become involved.
Expert reports differ from garage reports because they are written in line with CPR Part 35, which allows the author to be treated as an expert in court proceedings. Whilst you can rely on garage reports as part of your evidence, they are not expert evidence and carry less weight.
In many court cases, a single expert report can tip the scales, so it is important to put yourself in the strongest position.
If you have questions about instructing experts or responding to a finance company report, get in touch with our legal team for tailored advice. If you are facing a live dispute, our telephone helpline and casework service can support you from first contact through to resolution.
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