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post #95 of (permalink) Old 30th April 2006
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Originally Posted by Paulo
Thanks for advice,

I don't think my insurance company will touch it as it seems to be mechanical fault. As we all know, insurers are a law unto themselves but having said that, I would argue that even if the bonnet was left unsecured, this would have been accidental unless proven otherwise. I have never seen an exclusion clause relating to bonnet catches. They will try to fob you off and you should prepare a strong argument for when they phone you to say "sorry but we can't help". I am assuming that you have comprehensive cover, of course. Do you have legal cover? If so, try and get them to fight Renault for you.

I have tried to claim and hope somebody will come out to it to determine cause.

Latch seems to have ceased open partially and safety catch operation seems a bit dodgy to me. If seized, there could be a tangible reason that would probably be traced back to the manufacturer, especially if the car has been properly maintained. Did the safety catch break with the force of the bonnet uplift, or did it simply lose its 'grip'? Despite what others have said on previous pages, I believe that the SAFETY catch is in place in case the bonnet lock fails to hold for whatever reason. One thing is sure on the strength of Murphy's law... they are both likely to fail at high speed not at piddly 30mph; for this reason, they should both have been engineered to hold at speeds that the vehicle is capable of.... no different from having differently-rated tyres of cars capable of different velocities. I am totally against REN25's argument on page ten herein. The driver relies on the manufacturer to employ suitably qualified engineers to design and fabricate parts that are suitable for the use for which they are intended... in this case, safeguarding from the event of the bonnet flying up against a vehicle moving at speed. I did once come up against a bonnet-lock spring that had lost its tension and it is up to the manufacturer to tell you that such-and-such has to be replaced within a given period because of the danger of metal fatigue... but this will surely not be the case on a 2002 vehicle.

I am hoping I can get the roof beaten out and replace bonnet and windscreen. If the damage is substantial you can seek maximum damages and your insurer should put you "back in a position at least equal to the one you were enjoying before the accident started"... I would imagine they may need your assistance to help them recover their costs from the manufacturer. This is going to be of interest to most of us to see how your insurer approaches your claim. Please let us know how things are going.

I am really angry at the potential this has for killing people... safety catch operation should be fail safe regardless. Many have written in the negative about how they perceive the manufacturer's responsibility in this matter but commonsense dictates that everything used in the build of a motor vehicle has to comply with specific standards while subjected to normal use.
Ciao Paulo e benvenuto a queste pagine.
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