Accidental damage to car - question

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Sandra6

Sandra6

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Location
Cumbria
Isn't the driver of the car legally responsible for the actions of their passengers?
Which would mean a claim against A's insurance policy quite legitimate. I'm fairly sure that A's insurance policy would have a clause allowing the insurance company to pursue B to recoup their outlay (even if this is rarely enforced)
If A and C agree a cash sum to keep their insurer out of it that's their business.
However, B opened the door so (morally, in my opinion) should cough up and should have offered to do so from the outset

Put it another way, if your car got damaged and you knew who'd done it, wouldn't you expect them to cover the cost rather than leaving you out of pocket?
£250 doesn't seem excessive.
At the time when it happened C said he would "polish it out" and we never heard anything more, a quick look at his car didn't reveal any damage so I assumed it was dealt with, until the message came.
I've spoken to C and he's been paid and has arranged a "mate's rates" repair.
If I'd been asked at the outset I could've arranged the repair myself, and paid much less.
I think the "right" thing to do is use your insurance, that's what it's for. C drives like a muppet and shouldn't have been close enough to a just parked car to hit it in the first place.
 

Cuchilo

Prize winning member X2
Location
London
A and C should get a three month driving ban and 6 points , B should be sent on a holiday at the tax payers expense .
 
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Sandra6

Sandra6

Veteran
Location
Cumbria
Why don't you just tell the insurance company now and they can pay C if you want?

I'm assuming C isn't keen on having a not-fault claim on their insurance but so be it.

No matter what happens it will cost both parties (especially the at-fault) much more than £250 when it comes to insurance renewal.

The money's already exchanged hands. I think it's a bit rich to ask for money after the fact.
 

NorthernDave

Never used Über Member
At the time when it happened C said he would "polish it out" and we never heard anything more, a quick look at his car didn't reveal any damage so I assumed it was dealt with, until the message came.
I've spoken to C and he's been paid and has arranged a "mate's rates" repair.
If I'd been asked at the outset I could've arranged the repair myself, and paid much less.
I think the "right" thing to do is use your insurance, that's what it's for. C drives like a muppet and shouldn't have been close enough to a just parked car to hit it in the first place.

I do agree that you should have at least been involved in the discussion from the outset if A was offering to settle direct with C and then expecting you to pay.
If you think the amount being asked for is excessive, you could offer what you think is a reasonable amount (i.e. what you would have had to pay for the repair)?
 
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Sandra6

Sandra6

Veteran
Location
Cumbria
Hold up !!!!! Are you "D" mother of "A" and friends with "C" parents of "B" ?
No, mother of B. Never met A, And once had to deal with C in my previous job when he was a muppet of a customer.

@midlife, no - A has paid C, then asked for money from B. She's never come round to see us face to face.
 

midlife

Guru
No, mother of B. Never met A, And once had to deal with C in my previous job when he was a muppet of a customer.

@midlife, no - A has paid C, then asked for money from B. She's never come round to see us face to face.

Major procedural bollock by A. contract is between A and C for the repair. B has no involvement so go tell them to whistle for being an arse.

Then fes them to the MIB
 
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Cuchilo

Prize winning member X2
Location
London
A is at fault legally for obstructing a public highway without due care . Ive had this before when some twat swerved into my car but because i had the door slightly open it was my fault . The fact that they hit the rear wheel first and then the door wasnt good enough apparently .
 

Levo-Lon

Guru
The driver is responsible for the car and passengers.
If driver A had an accident you would be looking to claim for B

C should be claiming on insurance, do they have insurance?
 

Spinney

Bimbleur extraordinaire
Location
Back up north
At the time when it happened C said he would "polish it out" and we never heard anything more, a quick look at his car didn't reveal any damage so I assumed it was dealt with, until the message came.
I've spoken to C and he's been paid and has arranged a "mate's rates" repair.
If I'd been asked at the outset I could've arranged the repair myself, and paid much less.
I think the "right" thing to do is use your insurance, that's what it's for. C drives like a muppet and shouldn't have been close enough to a just parked car to hit it in the first place.
This ^^ is what I had in my mind when I said B/B's parents should have been in on the agreement (but didn't actually say so!)

IMO, 15-year-old B is old enough to take responsibility for not opening car doors at daft times, and from what you said, she accepts this.

If you can find out how much you could have got the repair done for, consider offering that as a good-will gesture. After all, that is all it would have cost you/your daughter if they had bothered to ask you about it, rather than coming to their own agreement and then just expecting you to agree to whatever they had decided should be spent. Ask to see a photo of the original damage/detailed invoice, too - especially if the initial damage was so minor they were talking about polishing it out.

Edit: this is what NorthernDave has already recommended - I should read the whole thread before replying!
 
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