Who is at fault? (Car problem)

wadatai

Hi all,
First time poster looking for some advice. Not sure if this is the right forum. If not, please move.

I went on a round the world trip over a year ago & asked my dad to look after my car while I was gone. Everything went ok for the first few months until my brother-in-law asked to borrow it as he was having problems with his own.

After a couple of days, he got his own car back but left mine parked in his estate around the corner from his house (in what is admittedly not the best area).

It was left there for between 5-6 months during which time the wheels, battery, licence plates & a seat belt(!) were stolen, a window broken and damage done to a door.

It was only when the council were taking the car away that my brother-in-law took action. He rang my dad who then paid for it to be taken to a garage & given new wheels before being put somewhere safe.

I'm trying to get the car back on the road now & would like some advice on who should be responsible for the costs associated (new wheels/tyres, battery, window, seat belt, plates etc & repairs to the door). It was in perfect working order when I left it.

As I see it, there are three options (or maybe a combination of the three)

1. Me - it's my car, my responsibility.
2. My brother-in-law - He used it & failed to look after it accordingly.
3. My dad - he was asked to look after it & should have taken it back from my brother-in-law once he was finished with it.

All serious advice appreciated. If I've left out any details that might clarify things further, let me know. Thanks.

tony81

Your dad should sort you out, and it's up to him if he wants to recover money from bro in law.

MitchKoobski

Both of them.

Your dad for letting him borrow it indefinitely in the first place.

Your brother-in-law for not looking after it properly when he did have it.

The Big Red Button

When did you become aware of all of this?

Did your dad check with you before lending the car to your brother-in-law?

username123

Who agreed to the brother in law borrowing the car? Were you even asked?

I think the responsibility lies with your father. He was the person who the car was entrusted to.

wadatai

chatterpillar wrote: »

When did you become aware of all of this?

Did your dad check with you before lending the car to your brother-in-law?

First found out when I got back.

My dad didn't check with me before lending the car. Saying that, I've no problem if someone used the car - it's more that it wasn't looked after properly.

wadatai

username123 wrote: »

Who agreed to the brother in law borrowing the car? Were you even asked?

As above, no I wasn't asked. I don't mind that though.

For me, it's better to keep the engine/car ticking over than leave it rust. I just expected it to be given back in the same condition that I left it!

Thanks to everyone else for the replies.

CaraMay

So your bro in law didn't even move the car while it was being damaged? Did your dad know where it was dumped? They are both responsible and I works be having a meeting with them to demand it's restored.

amdublin

Did you pay your dad or was he just doing it as a favour?

I really think you can't demand anything being completely honest.

What I mean was...was it specified to your dad exactly what was expected of him?

wadatai

CaraMay wrote: »

So your bro in law didn't even move the car while it was being damaged? Did your dad know where it was dumped? They are both responsible and I works be having a meeting with them to demand it's restored.

As far as I know, no he didn't move the car. He just left it around the corner from his house (out of sight). It ended up on concrete blocks after some lads had taken the wheels away & we think someone else in the estate rang the council to get it taken away & impounded.

I can check with my dad but I think the first he heard about any of this was when my brother-in-law rang him to say that the council were taking it away.

wadatai

amdublin wrote: »

Did you pay your dad or was he just doing it as a favour?

I really think you can't demand anything being completely honest.

What I mean was...was it specified to your dad exactly what was expected of him?

No on both counts. I asked him to look after the car as a favour.

I don't think I needed to specify anything. It's common sense that if someone asks you to mind something for them, you generally try & keep it in the same condition.

He did agreed to look after it. i.e. it's not something I forced on him or he did grudgingly.

amdublin

wadatai wrote: »

No on both counts. I asked him to look after the car as a favour.

I don't think I needed to specify anything. It's common sense that if someone asks you to mind something for them, you generally try & keep it in the same condition.

He did agreed to look after it. i.e. it's not something I forced on him or he did grudgingly.

I just think that if things aren't laid out clearly and assumptions are made you end up with this scenario.

IMO you don't have a leg to stand on.

Personally I think you should have paid to leave it in a garage or something.

wadatai

Fair enough!

The_Conductor

I'd have no hesitation in asking my Dad if I could leave my car with him for a protracted period of time, while I went away (for whatever purpose). I know he'd say fine- it wouldn't be an issue. If someone wanted to borrow it while I was away- I wouldn't have an issue with it- but I would presume they'd take reasonable care of the car.

In this case- reasonable care was not taken of the car. The person who was negligent was your brother-in-law. The fact that you didn't mind him borrowing the car was irrelevant- what is relevant is the fact that he didn't treat the car properly and return it in the state it was given to him.

I'd put the costs for repairing the car- or returning it to a roadworthy status, squarely at your brother-in-law's door. People need to accept that if they borrow someone else's property they need to take reasonable care of it.

MintyDoris

smccarrick wrote: »

I'd have no hesitation in asking my Dad if I could leave my car with him for a protracted period of time, while I went away (for whatever purpose). I know he'd say fine- it wouldn't be an issue. If someone wanted to borrow it while I was away- I wouldn't have an issue with it- but I would presume they'd take reasonable care of the car.

In this case- reasonable care was not taken of the car. The person who was negligent was your brother-in-law. The fact that you didn't mind him borrowing the car was irrelevant- what is relevant is the fact that he didn't treat the car properly and return it in the state it was given to him.

I'd put the costs for repairing the car- or returning it to a roadworthy status, squarely at your brother-in-law's door. People need to accept that if they borrow someone else's property they need to take reasonable care of it.

Couldn't have said it better myself! In your shoes, I would completely hold your brother in law responsible. In fact, shame on him for not looking after it in the first place, for not having the car fully repaired when you arrived back and failing all that, not offering the cost of the repairs to you upon your return. I'd be fuming!