News & Press Releases
Press Release
Responsibility for Correct Repair Methods, Quality and Cost.
A consultant solicitor at a well known law firm explained the implications of duty of care legislation following news that the first company director has appeared in court charged under the 2007 Corporate Manslaughter Act.
The primary duty of care will fall on the Insurer, Broker or Fleet Manager to firstly appoint a competent repairer. In case of any legal action; the referrer of work will need to demonstrate the procedures they have in place to appoint a competent repairer.
If the failure of a repair is a factor in a serious accident then the work referrer or bodyshop will be potential targets, and the penalties now include lifetime imprisonment or an unlimited fine.
The bodyshop will certainly be in the headlight and will need to demonstrate recorded processes are in place – a paper trail is vitally important. Conflict can occur where a bodyshops' chosen method of repair is altered for cost reasons authorised on behalf of an Insurance company by an engineer, Broker or a Fleet Manager.
Failure to provide satisfactory answers can easily result in the police seizing records including computers to determine evidence of the work which has been carried out.
Mark Garnham (Head of Engineering & Network Manager for CAA) recognises the PAS125 Kite mark as an example of good practice, because there is then an auditable record of what processes have been adopted.
Mr. Garnham added, “The best form of defense is to use qualified technicians, have robust health and safety procedures and documentation”. If you can satisfy from day one that you have followed robust procedures under guidelines of PAS125 then there should be no re-occurring issues with regards to repair methods, quality and cost.
CAA’s network of partner repairers must be PAS125 or have a manufacturer’s approval by April 2010. This ensures we provide the high standard of repairs, our clients expects, safe in the knowledge that the correct and most cost effective method of repair has been agreed. Brokers, Fleet Managers and Administrators now have a responsibility to demonstrate their or their clients vehicles are repaired to safe and acceptable standard in-line with manufacturers repair methods. CAA clients and policyholders are comforted by the fact we use quality, regulated, audited repairers and systems such as Audatex and E-Scribe.
The responsibility of referring a repair to a Bodyshop clearly lies with the referrer, they must be able demonstrate why they have chosen this particular Bodyshop, the days are long gone where you hear “I have used them for years without any trouble” and “they have always been cheap when repairing my other cars” and of course the favourite; "my Fleet Manager told us to use these..." imagine what a jury would think of that!.
