Claim Issue With Neighbor

PrettyBoy

Hi guys, just a quick question, not sure if anyone here has experience with this kind of situation but said I'd ask anyway.

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Story is, slightly over a year ago (14-15 months IIRC) my girlfriend was reversing out of her driveway and, as she was reversing, her neighbor reversed out of their driveway and stopped on the road. My GF didn't see the car on the road and accidentally made contact with the neighbors car, scraping the rear plastic bumper on the neighbors car but doing no damage to her own.

My GF got a fright but immediately got out and started telling her neighbor how sorry she was, how she was at fault and that she would pay for the repairs. The damage was a 3 inch scrape on the unpainted plastic rear bumper. She got a price for a new bumper and called to her neighbors house the next day. She told her the cost of the new bumper (roughly €350) and asked was she happy to have that. Her neighbor then, after hearing the price, said something like "Look, don't worry about it, it's not badly damaged, we'll leave it". That was the last time they talked.

Fast forward ~15 months to today and my GF's neighbor knocks on the door and tells her that she wants a new rear bumper for her car. My GF was pretty surprised and taken aback as her neighbor had said not to worry about it.

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Now, can anyone tell me what she can do in this situation? Is there any kind of statute of limitations/time period which claims like this have to be made within? I'm surprised by the whole thing myself but I suppose my GF is still liable for the damage, no matter how long ago it was?

robtri

PrettyBoy wrote: »

Hi guys, just a quick question, not sure if anyone here has experience with this kind of situation but said I'd ask anyway.

---

Story is, slightly over a year ago (14-15 months IIRC) my girlfriend was reversing out of her driveway and, as she was reversing, her neighbor reversed out of their driveway and stopped on the road. My GF didn't see the car on the road and accidentally made contact with the neighbors car, scraping the rear plastic bumper on the neighbors car but doing no damage to her own.

My GF got a fright but immediately got out and started telling her neighbor how sorry she was, how she was at fault and that she would pay for the repairs. The damage was a 3 inch scrape on the unpainted plastic rear bumper. She got a price for a new bumper and called to her neighbors house the next day. She told her the cost of the new bumper (roughly €350) and asked was she happy to have that. Her neighbor then, after hearing the price, said something like "Look, don't worry about it, it's not badly damaged, we'll leave it". That was the last time they talked.

Fast forward ~15 months to today and my GF's neighbor knocks on the door and tells her that she wants a new rear bumper for her car. My GF was pretty surprised and taken aback as her neighbor had said not to worry about it.

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Now, can anyone tell me what she can do in this situation? Is there any kind of statute of limitations/time period which claims like this have to be made within? I'm surprised by the whole thing myself but I suppose my GF is still liable for the damage, no matter how long ago it was?

there are limits on time..

iirc i think it is 2 years for a claim...

Reloc8

PrettyBoy wrote: »

Now, can anyone tell me what she can do in this situation? Is there any kind of statute of limitations/time period which claims like this have to be made within?

Would you believe 6 years ?

PrettyBoy wrote: »

I'm surprised by the whole thing myself but I suppose my GF is still liable for the damage, no matter how long ago it was?

Yes in principle. She should ensure that she's paying only for the damage she caused (i.e. new bumper). You don't want to find out the cars been dinted on another part/panel and she's being blamed for that.

Might be cheaper than back in the day - hopefully.

I have another suspicion that your neighbour might just be looking for the few quid not that there's anything much wrong with that - Offer to pay a garage to do the job (as per quote procured by yourself) or as an alternative a reduced amount cash into her hand. Either way get something signed to say its all been sorted in full and final settlement for damage caused by your girlfriend to the car.

DublinDilbert

It's an akward situation as it involves an neighbour. 15 months is a long time, others here will advise on if there is a statute of limitations. I would guess the neighbour needs the cash hence calling to the door.

By the sounds of it, it doesn't need a new bumper, maybe offer to have one of the plastic bumper repair guys look at it. I'm guessing they just want cash...

vectrahed

after offering to buy a new bumper and been told, no dont worrie about it, i know what id say to the neighbour

has the neighbour got proof that your girlfriend hit their car ??

mondeo

I wouldnt pay her a cent! Can she really just change her mind like that 15 months later and expect someone to jump on her command ? How does one know she did not recently do further damage to the bumper herself by backing into somthing?

Tallon

I'd tell them to Fúck off!

They're clearly taking the piss and need cash.

Perhaps you should have gotten a written note to say she was ok with the damage, but I wouldn't pay her

vectrahed

i didnt know we could use that tongue here lol



tell her to **** off

Anan1

vectrahed wrote: »

tell her to **** off

On what grounds? Taking the OP's gf's (understandable, but irrelevant) emotion out of it, isn't the neighbour just as entitled to claim now as she was at the time of the accident?

Tallon

Anan1 wrote: »

On what grounds? Taking the OP's gf's (understandable, but irrelevant) emotion out of it, isn't the neighbour just as entitled to claim now as she was at the time of the accident?

Really? What about potential damage encored in the past 15 months to the car?

PrettyBoy

DublinDilbert wrote: »

By the sounds of it, it doesn't need a new bumper, maybe offer to have one of the plastic bumper repair guys look at it

Are there places that can fix scrapes on plastic bumpers? It's the rear bumper on a Hyundai SUV (Santa Fe or Tuscon, can't remember which) and it's unpainted but the plastic itself is scraped.

It's a 3 inch scrape, extremely difficult to see unless you look very hard...I'm guessing she'd rather pay for it to be repaired rather than buy a whole new bumper.

PrettyBoy

vectrahed wrote: »

after offering to buy a new bumper and been told, no dont worrie about it, i know what id say to the neighbour

has the neighbour got proof that your girlfriend hit their car ??

No proof, they were the only two there at the time, there were no gaurds called and no witnesses AFAIK, but my GF will pay because she knows it was her mistake..to be honest I wouldn't be as co-operative if I was in her position.

Anan1 wrote: »

On what grounds? Taking the OP's gf's (understandable, but irrelevant) emotion out of it, isn't the neighbour just as entitled to claim now as she was at the time of the accident?

This is what it comes down to I suppose, my GF knows it was her fault so she is still willing to pay up, 15 months after being told to forget about it..

Anan1

Tallon wrote: »

Really? What about potential damage encored in the past 15 months to the car?

I'll rephrase. Isn't she just as entitled to claim now for the damage done then by the OP's gf as she was at the time of the accident?

Anan1

PrettyBoy wrote: »

This is what it comes down to I suppose, my GF knows it was her fault so she is still willing to pay up, 15 months after being told to forget about it..

She's clearly a more decent person than many, all I can say is that I hope Karma takes note.:)

Tallon

Tallon wrote: »

Really? What about potential damage encored in the past 15 months to the car?

The claim is for what was agreeable to the OPs girlfriend last year. No one has implied there is more damage.

Tallon

Anan1 wrote: »

I'll rephrase. Isn't she just as entitled to claim now for the damage done then by the OP's gf as she was at the time of the accident?

IMO, no... As explained above

Tallon

RoverJames wrote: »

The claim is for what was agreeable to the OPs girlfriend last year. No one has implied there is more damage.

I didn't imply that either. Have a look at the word 'Potential'

Tallon

Tallon wrote: »

I didn't imply that either. Have a look at the word 'Potential'

I know you didn't, I said no one (that would include you) has implied there was :P

Big Nasty

It does sound like she's out for a few quid in fairness - preferably in cash!

If it was me I think I would tell her no worries, just claim from my insurance.

Anan1

PrettyBoy wrote: »

Are there places that can fix scrapes on plastic bumpers? It's the rear bumper on a Hyundai SUV (Santa Fe or Tuscon, can't remember which) and it's unpainted but the plastic itself is scraped.

It's a 3 inch scrape, extremely difficult to see unless you look very hard...I'm guessing she'd rather pay for it to be repaired rather than buy a whole new bumper.

There are, but it'll be very difficult to make a scratch completely disappear on an unpainted, textured plastic bumper. Another option would be for your gf to tell the neighbour that they can claim on her insurance. The neighbour might not do this, as they'll get a new bumper rather than the cash - if they were to claim then your gf could reimburse the ins co and keep her NCB. There is a risk it balooning, though - the neighbour claiming for a replacement car while hers is being repaired, for example.

Tallon

Anan1 wrote: »

There is a risk it balooning, though - the neighbour claiming for a replacement car while hers is being repaired, for example.

And people blame Boy racers, young drivers etc for dear insurance :rolleyes:

I hate the fact that people can do this

I mean, realistically, how long would it take to replace a bumper

EPM

If it's a Touscon they aren't painted, more coated in something. The only real way to sort it is replace the part apparently but I'd say someone like paintdoctor could try sorting it out. Either way, pay whoever fixes it directly and as they are neighbours it may be worth paying for the peaceful life:)

Anan1

Tallon wrote: »

IMO, no... As explained above

WIth respect, you've explained nothing. You made a point about subsequent damage, but that's irrelevant to the OP's gf's liability for the damage she did cause.

Tallon wrote: »

And people blame Boy racers, young drivers etc for dear insurance :rolleyes:

I hate the fact that people can do this

I mean, realistically, how long would it take to replace a bumper

Again, irrelevant.

CiniO

RoverJames wrote: »

The claim is for what was agreeable to the OPs girlfriend last year. No one has implied there is more damage.

But from what we read here, what they agreed was that no payment will be made.

It's pretty much like f.e. she would pay her neighbour last year 350 for the bumper, and this your her neighbour would come to ask for another 300, as she could say that bumper was more expensive.

If they both agreed that no payment will be made, than I don't think her neighbour is entitles to claim for it anymore.

Tallon

Anan1 wrote: »

WIth respect, you've explained nothing. You made a point about subsequent damage, but that's irrelevant to the OP's gf's liability for the damage she did cause.

Yes I have... I said that there could have been more damage since the original incident, hence, the neighbour is chancing her arm

I've highlighted the word could in case you start saying the OP never said that!

Anan1 wrote: »

Again, irrelevant.

Irrelevant to what? The op, or your post?

The former, yes. The latter, no!

Anan1

Tallon wrote: »

Yes I have... I said that there could have been more damage since the original incident, hence, the neighbour is chancing her arm!

I'm sorry, but that doesn't make sense. If there is more damage since the original incident then the neighbour is chancing their arm, if there isn't then she isn't. Either way, it's completely irrelevant to the issue at hand, which is the liability of the OP's gf for the damage which she did to the neighbour's car.

Tallon

Anan1 wrote: »

I'm sorry, but that doesn't make sense. If there is more damage since the original incident then the neighbour is chancing their arm, if there isn't then she isn't. Either way, it's completely irrelevant to the issue at hand, which is the liability of the OP's gf for the damage which she did to the neighbour's car.

What are you talking about? It's 100% relevant....

OP, have you checked is there more damage than when your GF hit the car?

Anan, stop trying to twist things here. I've already said that he shouldn't pay, but I'm trying to establish why the Neighbour is only now chasing payment

Anan1

Tallon wrote: »

What are you talking about? It's 100% relevant....

OP, have you checked is there more damage than when your GF hit the car?

Anan, stop trying to twist things here. I've already said that he shouldn't pay, but I'm trying to establish why the Neighbour is only now chasing payment

Supposing the OP checks the neighbours car, and it turns out that the only damage to the bumper is the scrape which his gf put on it 14-15 months ago, would you still think that they should refuse to pay for the damage?

Tallon

Anan1 wrote: »

Supposing the OP checks the neighbours car, and it turns out that the only damage to the bumper is the scrape which his gf put on it 14-15 months ago, would you still think that they should refuse to pay for the damage?

Yes!

Anan1

Tallon wrote: »

Yes!

Finally, we're getting somewhere! On what grounds?

robtri

Tallon wrote: »

Yes!

and i assume you would also say that if there is more damage on the bumper the ops gf shouldnt pay either...

so it is irrelevant whether there is more damage or not as you are saying dont pay either way...

Tallon

Anan1 wrote: »

Finally, we're getting somewhere! On what grounds?

On why she is leaving it until now, especia;lly after saying it was fine

robtri wrote: »

and i assume you would also say that if there is more damage on the bumper the ops gf shouldnt pay either...

so it is irrelevant whether there is more damage or not as you are saying dont pay either way...

Urgh, if theres no more damage, then as above

If there is damage, then she's obviously trying to get a full repair

Voodoomelon

I'd meet the neighbour half way, not even. I'd say here's €100 cash or claim through my insurance.

The only legit reason I can think of that they might only be claiming now is because they're trying to sell the car. But its very unlikely I reckon, in these times they can only be out for cash.

Mr. Presentable

Buy a replacement bumper and give it to the claimant. Your gf is still liable for the damage, but at this stage I wouldn't be handing out cash

3DataModem

Ask them to put in writing what they are claiming, how much, etc (eg "a new bumper, €300").

Then once you have it tell them to put it through your insurance. Provide the document to your insurance company to ensure they don't jack up the claim. Then IF your ins co payout, just reimburse them cost of bumper.

This means;
(a) Neighbour is not likely to pursue matter.
(b) if they do, your insurance co are very likely to deny claim
(c) if they accept claim, you are only out cost of bumper
(d) You don't have to deal with neighbour

CarrickMcJoe

Buy the neighbour a new bumper and have it fitted but insist that you keep the damaged one.

You will sell it on thus reducing the costs you incurred.

CarrickMcJoe

Voodoomelon wrote: »

I'd meet the neighbour half way, not even. I'd say here's €100 cash or claim through my insurance.

Think thats what caused this sorry mess:D

unkel

Voodoomelon wrote: »

I'd meet the neighbour half way, not even. I'd say here's €100 cash or claim through my insurance.

She might call your bluff and do just that, claim through your insurance. Your lost NCB will cost you a lot more than €350...

The only accident I've ever been in (in 25 years driving - knock on wood) was that I was rear ended at fairly low speed. The bumper was badly scratched and the lamp unit was broken. I had 3 kids in the back, the youngest just 1 week old. Thankfully we were all ok. The lady who drove into me wasn't a bit concerned about the welfare of the occupants in my car. She spent a good 10 minutes taking pictures of her own car with her mobile (blocking the road) while I patiently waited parked on the kerb, for her to approach me. When she finally did, she claimed it was my fault :rolleyes:

In short, she was being an arsehole. I took her details, and rang my insurance company. I drove to the main dealer the same day and asked them for a quote. €1,100 I kid you not. Her insurance paid for it.

Voodoomelon

Theres some bastards out there alright.

I think 3DataModem's suggestion above is the best of the lot ^^.

Browney7

unkel wrote: »

She might call your bluff and do just that, claim through your insurance. Your lost NCB will cost you a lot more than €350...

The only accident I've ever been in (in 25 years driving - knock on wood) was that I was rear ended at fairly low speed. The bumper was badly scratched and the lamp unit was broken. I had 3 kids in the back, the youngest just 1 week old. Thankfully we were all ok. The lady who drove into me wasn't a bit concerned about the welfare of the occupants in my car. She spent a good 10 minutes taking pictures of her own car with her mobile (blocking the road) while I patiently waited parked on the kerb, for her to approach me. When she finally did, she claimed it was my fault :rolleyes:

In short, she was being an arsehole. I took her details, and rang my insurance company. I drove to the main dealer the same day and asked them for a quote. €1,100 I kid you not. Her insurance paid for it.

Should have said your kids were badly affected and sued her for damages for them.

unkel

Browney7 wrote: »

Should have said your kids were badly affected and sued her for damages for them.

People doing that is the biggest thing wrong with this country.

Anan1

Tallon wrote: »

On why she is leaving it until now, especia;lly after saying it was fine

Again, this makes no sense.

All in all, it's a depressing enough thread.

keithclancy

OP's g/f's neighbour said 15 months ago "Don't worry about it"

If you were a real a**hole neighbour would come to the door and you'd be like "What damage, what accident ... no idea what your talking about"

Reloc8

Reloc8 wrote: »

Would you believe 6 years ?

I wasn't joking - the limitation period for claim based on negligence causing damage not incorporating personal injuries is six years.

I think 3datamodems idea is good.

Pat Mustard

The limitation period for a claim for car damage is 6 years. Your GF is looking at paying €350. That's not a lot of money.

By way of comparison, the limitation period for a personal injury claim is 2 years. Your GF is not out of the woods yet, in that regard.

Your GF does not want a PI claim to be made against her insurance policy. People may argue that the impact was at low speed. Their insurance company's lawyers might end up telling that to the judge - and the insured's insurance premium is already sky high at that stage.

She should be glad to get out of this for €350. If she can negotiate for less given the passage of time, so much the better.

Signpost

Just tell them you will get the bumper replaced but want to pay for it yourself so you have a receipt for your accounts. If she wants the bumper replaced, replace it but under no circumstances would I hand over a cent to her in cash. (Nor would I hand over a cent in any incident involving damage to the car. Pay someone to fix it, move on)

PrettyBoy

The Mustard wrote: »

By way of comparison, the limitation period for a personal injury claim is 2 years. Your GF is not out of the woods yet, in that regard.

Her neighbor will not make a personal injury claim. That's not a concern.

If it we're up to me I'd go over there myself and talk to her, try to find the real reason she's suddenly desperate for a new bumper but it's between my GF and her neighbor, I'm not going to interfere.

Our man in Havana

The insurance company would likely deny any claim at this stage. They would be asking why have they waited so long to claim.

Pat Mustard

You lads are probably right. There is only a small chance that the neighbour will make a PI claim.

However, until the 2 years (24 months) are up, the claim can still be made. People have brought successful claims even when they made their Injuries Board application with days to go.

And it doesn't matter what the insurance company people think about the lateness of the hour. It's the medical evidence (medical report) that counts, in proving the injury.

People have had serious injuries from low impact collisions.

Anyway, my main point was that your GF damaged the neighbour's bumper and that even though there is only a small risk of a PI claim, she'd be better off sorting the problem out rather than let the neighbour go to her solicitor.

One of the questions the solicitor is likely to ask the neighbour is if there were there any injuries.

Our man in Havana

One of the questions the solicitor is likely to ask the neighbour is if there were there any injuries.

Which opens the door to a PI claim.

Pat Mustard

Our man in Havana wrote: »

Which opens the door to a PI claim.

Exactly.