accident query

wazzoraybelle · 03-12-2008 12:08pm #1

Hi, any opinion welcome, my partner struck the wheel of a parked car lately and while she couldn't see any damage she left her details under the windscreen.
The owner got in contact and confirmed there was damage to car. my partner asked for an estimate of the damage but when it arrived it was not an estimate but a bill for repairs carried out to the car.
At present we are refusing to pay because we had no opportunity to have the damage independently assessed. Are we correct in thinking that we have that right?

Anan1 · 03-12-2008 12:29pm

I would have thought so, but you should really get legal advice.

wazzoraybelle · 03-12-2008 12:31pm

The amount isn't enormous, we think the small claims court might sort it out.

Anan1 · 03-12-2008 12:33pm

It's a tough one, because the other person could have repaired the damage in good faith and i'm sure you want to be fair about it. Does the damage they're claiming for sound like it might be fair to you, or do you think they're chancing their arm?

wazzoraybelle · 03-12-2008 12:41pm

We certainly wanted to be fair, noone witnessed the accident but my partner did the right thing and left her details there. We bought the bill to our own mechanic who thought it was on the expensive side but said it was possible this amount of damage was done without any visible sign of it.
We expressley asked for an estimate and the other party was aware we would not be going through our insurance.

OldmanMondeo · 03-12-2008 12:44pm

You can do 1 of 2 things,

1. Tell them to get lost. Your insurance company would want to access the damage themselves. Damage that has been repaired may not be caused from the hit your wife had. Any probelms let them sort it through the insurance. This could go either way, probably against you though as your wife admitted hitting the car.

2. If it only a couple of hundred quid, pay them and be done with it.

Vanbis · 03-12-2008 12:44pm

wazzoraybelle wrote: »

The amount isn't enormous, we think the small claims court might sort it out.

I would think you are within your rights to get it checked first. I assume they have sent you a invoice with a list of damage that was caused and charges for repairs? If so tell them that you would like to send someone out and to inspect the repaired damage, just give AA a quick call and they should be able to tell if anything was repaired in the first place, after that then go to the small claims.

Mr.David · 03-12-2008 12:48pm

Can you specify what the repair entailed exactly?

Anan1 · 03-12-2008 12:50pm

wazzoraybelle wrote: »

We expressley asked for an estimate and the other party was aware we would not be going through our insurance.

If you made it quite clear that you wanted an estimate first then not to give it was bad form on their part. On the other hand, maybe they were afraid that you might start wanting your panel-beater friend Joe to take a look at it and just wanted to get the job done quickly & properly. I think Vanbis's advice is sound, but at the end of the day a lot depends on your assessment of their honesty. Unless you feel that they're trying to shaft you, you really should just pay. At the end of the day, they didn't choose to get hit by you.

Henry Ford III · 03-12-2008 12:53pm

That's a tough one.

1/. Fair play for leaving your details. Many wouldn't have done so.

2/. 3rd party acted incorrectly in simply sending you the bill. They should have given you the chance to look at an estimate at least.

Talk to the 3rd party, and see what you can sort out.

wazzoraybelle · 03-12-2008 12:55pm

The damage is more than a thousand euro. The invoice from the 'family' mechanic (main dealer) is detailed and looks above board. Our issue is that we were not given the opportunity to assess whether all this work was necessary or if these parts were replaced because they assumed someone else would pick up the tab.

My partner hit the front wheel of the car and the repairs involved replacing the whole suspension on that side as well as steering track.

biko · 03-12-2008 12:57pm

Ask a couple of mechanics about how much it would be to repair a similar damage (your partner should be able to describe it?). If it is similar to the bill, just pay it.

You can always ring the mechanic that did the work and ask for details.

stifz · 03-12-2008 1:04pm

Have a chat with a solicitor, there has to be code of practice for a claim/ repair situation. You might get them on that fact the did'nt give you the opportunity to see 3 quotes. Family mechanic.. mmmmhh dodgy.. I could be wrong but i think you generally have to supply 3 for insurance purposes as your not going through insurance that could cause you hassels..

Itsmad.. when you do the decent thing you get screwed. Id say the "what if" next time it should happen ya might actually think twice about leaving the details. And thats the fundamental flaw. Be nice get screwed, Be decent get screwed. Hit the car and drive away and get nothing at all..:o

craichoe · 03-12-2008 1:08pm

replacing the whole suspension on that side as well as steering track.

They replaced the steering rack ???? ... that alone would be around the 700 - 800 euro mark with parts, labour and OEM parts.

wazzoraybelle · 03-12-2008 1:12pm

Sorry not the steering rack but the steering track rod end.

Anan1 · 03-12-2008 1:15pm

stifz wrote: »

Itsmad.. when you do the decent thing you get screwed. Id say the "what if" next time it should happen ya might actually think twice about leaving the details. And thats the fundamental flaw. Be nice get screwed, Be decent get screwed. Hit the car and drive away and get nothing at all..:o

Yeah, but then you have to wake up in the morning knowing what you are.

wazzoraybelle · 03-12-2008 1:30pm

biko wrote: »

Ask a couple of mechanics about how much it would be to repair a similar damage (your partner should be able to describe it?). If it is similar to the bill, just pay it.

You can always ring the mechanic that did the work and ask for details.

Our own mechanic, while not in a main dealership is specialised, looked over the bill and reckoned it could have been repaired for 700 euro as opposed to 1150.
The main issue for us has been not being able to assess the damage before repairs were done. We do feel sorry for the 3rd party but of course they are complete strangers to us. Thanks for your input. We havn't had a response yet to our refusal to pay I would assume they will use the small claims court and we'd be happy with that.

Anan1 · 03-12-2008 1:38pm

wazzoraybelle wrote: »

Our own mechanic, while not in a main dealership is specialised, looked over the bill and reckoned it could have been repaired for 700 euro as opposed to 1150.
The main issue for us has been not being able to assess the damage before repairs were done. We do feel sorry for the 3rd party but of course they are complete strangers to us. Thanks for your input. We havn't had a response yet to our refusal to pay I would assume they will use the small claims court and we'd be happy with that.

What makes you think they'll bother with the small claims court? If I were in their position, i'd go through your insurance company.

wazzoraybelle · 03-12-2008 1:42pm

Anan1 wrote: »

What makes you think they'll bother with the small claims court? If I were in their position, i'd go through your insurance company.

Well, I think our insurance company would agree that we should have received an estimate prior to any work being carried out

Seth Brundle · 03-12-2008 1:45pm

Hang on.
How hard did she hit the car?
Was there any bodywork damage? What damage was visible on the wheel? WHat kind of car was she in and what is the other car?
I fail to see how what Im assuming is a car park incident could have left the bodywork untouched but fecked up the track rod.
In my view, it was quite damaged beforehand!
I'd stand firm and say NO!

Anan1 · 03-12-2008 1:46pm

wazzoraybelle wrote: »

Well, I think our insurance company would agree that we should have received an estimate prior to any work being carried out

Sure, but I think they'll pay anyway. Do you really think your insurance co's going to invest money trying to defend an €1,150 claim where liability is not an issue?

jimmycrackcorm · 03-12-2008 1:50pm

First of all the small claims court can't be used as it is ifor claims against a business. If I was in this position then I use the lower estimate as leverage and offer to pay something in the middle.

If you have no claims bonus protection or step-back protection then I'd suggest using that instead and let your insurance company deal with them instead. Send the insurance company your lower estimate in that case to see how they get on.

felim · 03-12-2008 1:54pm

wazzoraybelle wrote: »

Our own mechanic, while not in a main dealership is specialised, looked over the bill and reckoned it could have been repaired for 700 euro as opposed to 1150.

You said your mechanic is not a main dealer and theirs is, correct? That alone would explain the difference in the bill amount. Whether or not all the damage was done in your accident or not is another story.

wazzoraybelle · 03-12-2008 1:59pm

kbannon wrote: »

Hang on.
How hard did she hit the car?
Was there any bodywork damage? What damage was visible on the wheel? WHat kind of car was she in and what is the other car?
I fail to see how what Im assuming is a car park incident could have left the bodywork untouched but fecked up the track rod.
In my view, it was quite damaged beforehand!
I'd stand firm and say NO!

It was on a narrow street and the front wheel was sticking out. my partner was not travelling at speed and there was only a scratch on her bumper. There was no damage to the bodywork of the other car as the car only hit the tyre of the 3rd party

stifz · 03-12-2008 2:00pm

Anan1 wrote: »

Yeah, but then you have to wake up in the morning knowing what you are.

I agree. but this lad is getn nailed for doing the decent thing..

jimmycrackcorm · 03-12-2008 2:02pm

wazzoraybelle wrote: »

It was on a narrow street and the front wheel was sticking out. my partner was not travelling at speed and there was only a scratch on her bumper. There was no damage to the bodywork of the other car as the car only hit the tyre of the 3rd party

Then I think the other party must be busy getting new track-rod ends every week each time they hit a pot-hole or a kerb.

Anan1 · 03-12-2008 2:03pm

stifz wrote: »

I agree. but this lad is getn nailed for doing the decent thing..

In what parallel universe does hit car + pay nothing = doing the decent thing?

wazzoraybelle · 03-12-2008 2:09pm

felim wrote: »

You said your mechanic is not a main dealer and theirs is, correct? That alone would explain the difference in the bill amount. Whether or not all the damage was done in your accident or not is another story.

I agree totally.I'm sure the other party was within their rights getting the work done by a main dealer using oem parts. Our only objection here is not getting an estimate and not being able to have the damage independently assessed prior to any work being undertaken

wazzoraybelle · 03-12-2008 2:15pm

Anan1 wrote: »

In what parallel universe does hit car + pay nothing = doing the decent thing?

I agree,we were totally prepared to pay for any damage. I'm sorry if this is beginning to sound like we are trying to squirm out of paying and regret leaving our details with the car, we don't.

Anan1 · 03-12-2008 2:17pm

wazzoraybelle wrote: »

I agree,we were totally prepared to pay for any damage. I'm sorry if this is beginning to sound like we are trying to squirm out of paying and regret leaving our details with the car, we don't.

That wasn't aimed at you, it was aimed at the advice stifz gave. I do appreciate that you are trying to do the right thing here.

accident query

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