Taxi Driver damaged my wheelchair - is it worth small claims?
Hi all
This is my first post here. I was wondering if anyone else has had a similar experience.
I get taxis funded to university through DSA. Last month, I had an incident where the taxi driver told me he was not informed that I had a manual wheelchair (Quickie Life R), and was very distressed when I said I would need help dismantling it.
I attempted to instruct him on how to fold the back down (pull a handle on the back of the seat) and he did so, exclaiming that it didn't work. I was keen to get home at this point and asked if he could try to fit the frame in the boot without folding the back down - which he could. Once I got home he did help me walk into the house and bring the pieces of my chair in as well.
I immediately inspected the chair, and found the handleto be broken. My boyfriend has taken me to university that morning and it was in full working order. It had also been recently repaired so I don't think it was likely to break by itself.
The taxi company refused responsibility after I took pictures of the damage, Saying that DSA didn't tell them I had a chair. DSA admit this, but say this was because I told them I didn't need a specially adapted vehicle - which I did say. My chair can fit in most cars, but I did say the car would have to be big enough and assumed DSA would communicate this.
On the advice of Citizen's advice, I wrote a complaint letter. They repeated that they didn't know I had a chair and will not accept liability without independent evidence, which is impossible for me to provide. I spoke to CAB again, who said that using my boyfriend as a witness may not be enough - but I can try to bring a claim against them anyway. I couldn't take pictures of the chair immediately before the ride, as I can't stand independently to do so.
This whole experience has been very distressing for me, and I was wondering if anyone had been through the same. I appreciate my case might be weak, I just wanted to vent!
Comments
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That's awful. Regardless of whether or not they were informed, it's still damage to your property. It sounds like you've taken all the right steps by getting advice from CAB etc but this all must be really stressful.
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It is disappointing to hear you had such a bad experience. It would be difficult to prove. The driver was trying to assist you and may have accidentally broke something in the process of offering that assistance. If you directed him and he followed that , then he probably isn’t going to be found liable to repair/replace. He will claim he followed your instructions and request to put it in the car like that…. He probably didn’t know it was damaged.
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It will be difficult to prove, because depending which Taxi firm it was, they'll probably go out of their way to say it wasn't their driver's fault.
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I'm so sorry to hear that it's not fair on you that your wheelchair is broken
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Think it would end up costing you more than the fix in the end, because undoubtedly they would put up your premium in the end.
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Might work out considerably cheaper to buy a new Chair, and send the Bill to the Taxi firm.
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Thanks for your responses everyone, really gave me some perspective. It's the first time I've ever been in a situation like this so I have a lot to learn!
Aside from taking pictures before journeys, is there any other evidence I can gather that would stop this happening again? The company asked for "independent evidence" bur I have no idea what that means lol.
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They want a witness
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