Accidental damage to car - question

[KnackeredBike]

If the dispute is essentially between your daughter and her friend, the driver, then I would stay out of it beyond your daughter's offer to pay half the cost seemingly a very reasonable one.

We all know that children teenagers can be excitable/careless and as a driver you sometimes need to accept you are responsible for the car and sometimes that may mean putting your hand in your pocket for something that isn't your fault. I would see it as polite but for you/your daughter to pay towards it if it was my car, but certainly not expected.

Hopefully your daughter can learn from this going forward that pushbikes don't have doors and so are a way of avoiding this whole situation.

 

[bozmandb9]

Full disclosure -I'm B's mum.
If I'd been in on the conversation I would've preferred for it to have been dealt with through insurance - as a third party claim I'm given to believe there wouldn't be any excess to pay.
Also, if I'd been consulted I could get the job done at cost.
I'm not happy at being asked for the money after it's already been agreed and paid.
Person A is due to move to Spain tomorrow so I'm not sure what's going to happen. My daughter has said she's willing to pay half out of her Saturday job wages.
Regardless I don't have a spare £125 right now.

I have a 15 year old son. If it was him, either he, or I would pay. No question whatsoever. I don't really see it as being very complicated.

There would never be a scenario in which insurance will just pay out, and nobody will lose any money, there is always an excess, but this is usually dwarfed by future increases in premiums.

More importantly, if your daughter opened her car into a passing car, you should be thankful that the damage is only £250. If she'd caught me passing on my best bike, it would be a lot more for the bike, plus whatever the personal injury amounted to.

I'd be inclined to pay up gratefully, and thank your lucky stars that nobody was hurt or worse. Tough lesson for a 15 year old, but avoiding responsibility would be entirely the wrong lesson.

Oh, and whether you were kept in the loop or not, is nor really the pertinent point, neither is whether you could have got the job done cheaper. Tough luck, but it's tough being a parent.

 

[GrumpyGregry]

B is responsible, A is accountable. As soon as A and his elders decide to go on a jolly settlement spree with C without consulting B and his elders all bets are off.

What is B's relationship with A worth. That's the question.

 

[bozmandb9]

Am I alone in the belief that this is what insurance is for?

An insurance claim in this amount is bonkers, it would cost the policy holder maybe up to ten times the amount in question.

If A claimed through their insurance, then the company would pay out, then pursue your daughter for payment anyway.

 

[GrumpyGregry]

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

^ This. But see my previous question....

 

[bozmandb9]

Done a little research, I think legally you will be liable for this, as your daughter is a minor. If it goes through A's insurance, then they look to recoup the money from you. If you have liability insurance as part of your household insurance, then this would cover it.

 

[Milkfloat]

If you go via insurance you screw both A and C, who arguably are the least at fault in the whole scenario. If I was parent of B I would be paying up immediately and thanking my lucky stars it was not a whole lot worse. However, I would be a bit annoyed that everything was arranged without me. But to be clear, I would be paying ASAP.

 

[alicat]

If I was parent of B I would pay and expect B to make arrangements to pay most of it back. 15 is old enough to start taking responsibility for one's actions.

 

[mjr]

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 .

Sounds like your insurer or solicitor was shoot.

C is partly to blame for driving too close to a parked car's door, as well as B for opening the door. If that had been a cyclist knocked over, I'm sure the hang-the-passenger calls would have been tempered with criticism of the cyclist for riding in the door zone, so why's C get a free pass for driving in the door zone?

 

[midlife]

If I was parent of B I would pay and expect B to make arrangements to pay most of it back. 15 is old enough to start taking responsibility for one's actions.

The issue is that A and C entered into a binding contract ......and then expect B to stump up the consideration.

 

[classic33]

Am I alone in the belief that this is what insurance is for?

No.

 

[classic33]

Done a little researh, I think legally you will be liable for this, as your daughter is a minor. If it goes through A's insurance, then they look to recoup the money from you. If you have liability insurance as part of your household insurance, then this would cover it.

Driver of the vehicle is responsible for their passengers.
Pistonheads

Ultimately the passenger bears liability, but the car's insurance is required to cover the liabilities of anyone "using" it, not just the driver. If you read the small print of your own insurance policy then under the third party section it will probably say something to the effect of "we will also cover the liabilities of anyone getting into or out of your car". So his insurers will end up paying.

 

[PaulSB]

Scenario is thus - young person A drives up to young person B 's house, parks and B opens the car door and hits a passing car belonging to grown adult C.
A and C seemingly have it sorted. Nothing is said to B for a number of days, then person A sends a message explaining it has been sorted without the involvment of insurance companies to the tune of £250, and ends the message with "I'm asking you to pay"
If you were person A, B or C what would you expect to happen?
Deal with it through insurance? Expect B to pay. Or accept as person A has "sorted" it they should pay?

I can’t help feeling you have a certain antipathy towards C who you describe as “drives like a muppet” and was a “muppet of a customer.” Is this colouring your view? Both may be true but doesn’t make the accident C’s fault.

It’s said C was driving too close but based to the damage level it sounds as if C was driving slowly? Driving too close is a difficult one. In most situations I’d suggest very few drivers pass parked cars at the correct full door width. I’m not defending this but realistically in modern traffic conditions this is how it works.

If B is expected to pay then B should have been consulted and like you I would be unhappy not to have been. Did your daughter tell you about the accident before the question of payment arose?

Who is at fault and who is responsible are two different things. I can see, though have never previously considered it, the driver is responsible for passenger behaviour. If I was A I would expect B to pay, no question about it. As an adult I would have the conversation first but I see why young people act first and sometimes think second.

For me this ultimately comes down to a parent being “responsible,” legally or otherwise, for their child’s actions. This is how parenting works and it’s up to you how you deal with it in the family. All concerned need to be thankful this only resulted in £250 of damage and nothing more serious. To go through insurance for this sum is unrealistic - the rights and wrongs of this are one thing, the practicality another.

A few months ago my 25 year old son hit a parked car in a car park. He doesn’t cope well with this type of thing and rang me in a panic. I told him to leave his number on the car windscreen, get on with his day and then drive home carefully and be secure in the knowledge by being honest the third party would not be unhappy with him. The cost was £650 which is 80% of my monthly pension. I paid and my son is repaying me. He is on minimum wage so it will take a while!

This is my lad’s first year of driving, a claim would have cost thousands in increased premiums and lost NCD over the years. It doesn’t matter how old they are I’ll always help if I possibly can

 

[swansonj]

"See how the Fates their gifts allot,
For A is happy, B is not.
Yet B is worthy, I dare say,
Of more prosperity than A.

(Is B more worthy? I should say
He's worth a great deal more than A.)
Yet A is happy!
Oh, so happy!
Laughing, Ha! ha!
Chaffing, Ha! ha!
Nectar quaffing, Ha! ha! ha!
Ever joyous, ever gay,
Happy, undeserving A!

If I were Fortune which I'm not
B should enjoy A's happy lot,
And A should die in miserie
That is, assuming I am B.

(But should A perish? That should he,
Of course, assuming I am B.)
B should be happy!
Oh, so happy!
Laughing, Ha! ha!
Chaffing, Ha! ha!
Nectar quaffing, Ha! ha! ha!
But condemned to die is he,
Wretched meritorious B!"

(Sorry, contributes absolutely nothing to you thread,,,)

 

[Sandra6]

I wonder if those who feel I should pay up have money to spare each month. I don't. I couldn't find 250 even if I wanted to.
It was an accident, and that is, imo, why you have insurance.
If my daughter had kicked his parked car or chucked stones at it it would be a different matter.
I also don't think you can make an agreement and then expect someone else to pay.
As it is As parents have paid and as far as I'm concerned it's done with.
But thank you for your interesting opinions