Child damaged a car, do I have to pay for owners preferred garage?

Geordie_Girl · 24-09-2014 5:08pm #1

My child damaged a neighbours car, we've offered to cover the damage, but I'm wondering are we obliged to pay for the garage of their choosing? Or can I get a quote from another garage and cover that price, with them covering the extra if they insist on using their preferred dealer?
Thanks

ash23 · 24-09-2014 5:18pm

Geordie_Girl wrote: »

My child damaged a neighbours car, we've offered to cover the damage, but I'm wondering are we obliged to pay for the garage of their choosing? Or can I get a quote from another garage and cover that price, with them covering the extra if they insist on using their preferred dealer?
Thanks

You can ask them if they would consider getting a few quotes but if they want to use their garage or main dealer then they can.

Geordie_Girl · 24-09-2014 5:21pm

ash23 wrote: »

You can ask them if they would consider getting a few quotes but if they want to use their garage or main dealer then they can.

Obviously they can go where they want, but am I obliged to pay for their choice or just for the damage?

ravima · 24-09-2014 5:22pm

cleanest way is to let them pick their own repairer. If you insist on yours, then it might be never ending!

By the way, have you household insurance? You may have family liability cover that might (subject to terms and conditions) pick up the tab?

ash23 · 24-09-2014 5:26pm

Geordie_Girl wrote: »

Obviously they can go where they want, but am I obliged to pay for their choice or just for the damage?

They have the right to go to the garage of their choice to have the damage repaired and you are responsible for the bill even if you can get a cheaper quote elsewhere.

My advice would be to chalk it up and not cause a dispute over it. Your child damaged their property and they have the right to choose how that damage is repaired and who with. If you get into disputing it you might also end up with car hire costs or similar.

alias no.9 · 24-09-2014 5:27pm

Might be worth your while hiring an assessor, depending on the cost, let the car owner pick the garage but have the assessor negotiate the price

L1011 · 24-09-2014 5:27pm

alias no.9 wrote: »

Might be worth your while hiring an assessor, let the car owner pick the garage but have the assessor negotiate the price

Unless its something significantly more than a broken window or a scratch for a bike, this is going to cost FAR more than you could save.

Geordie_Girl · 24-09-2014 5:34pm

Thanks all, so just to be clear, is that the definite legal standpoint?

cml387 · 24-09-2014 5:35pm

One thing to bear in mind is that a main dealer will probably go to a specialist repair shop anyway, and charge a percentage on top.
If you can suggest a good reputation repair shop it might save a few bob.

ash23 · 24-09-2014 5:39pm

Geordie_Girl wrote: »

Thanks all, so just to be clear, is that the definite legal standpoint?

Yes it is. I've worked in insurance for years. If you are claiming and were at fault the company can choose to send you to a specific garage or get a cheaper quote.
However if a third party who is blameless is claiming they can choose where they want to have their car repaired. They are the innocent party so the law is firmly on their side.

davo10 · 24-09-2014 5:44pm

OP, you have taken responcilbility for the damage as your child caused it, do you really want to also take responcilbility for the repair? If you have it done by a repairer of your choice rather than the owner's and the owner is unhappy with the result, then you will be paying even more.

Your child damaged the car, the owner has a right to have it repaired to his satisfaction. From a "legal standpoint", do you really want to go down the road of having to deal with a disgruntled neighbour who is taking legal action to have a car repaired? Pay it and put it down to experience.

CIARAN_BOYLE · 24-09-2014 5:44pm

Well they can't take the piss on it and have their brother do it for a 1,000 for a 50 job but if its a legitimate dealer charging market rates you can't protest too much.

That said as far as I know they do have a responsibility to minimise their loss.

Geordie_Girl · 24-09-2014 5:49pm

CIARAN_BOYLE wrote: »

That said as far as I know they do have a responsibility to minimise their loss.

Is this definite? Or is it just what's said above?
My quote from carcraft is half the cost of their quote.

ash23 · 24-09-2014 5:50pm

Get them to show you the quote from the preferred garage. Perhaps best to pay the garage yourself.
Also, draw up something for them to sign once you've paid up stating that it's full and final settlement for the damage.

ash23 · 24-09-2014 5:54pm

Geordie_Girl wrote: »

Is this definite? Or is it just what's said above?
My quote from carcraft is half the cost of their quote.

Are they looking to go to a main dealer for their specific car?
Is their car fairly new?

There could be many reasons they'd prefer to use a specific garage. As far as I know they have that right once they can provide invoices, receipts etc.

It's understandable that someone with a brand new audi for example, would want the car returned to its exact position pre scrape and would want that done by an audi dealer as opposed to a spray job from a general garage which might devalue the car.

Geordie_Girl · 24-09-2014 6:00pm

It is a new car, it has a scratch on one wing. I totally understand that it's our fault, that's why we've offered to pay.

Does it matter that the car was parked illegally (and still is)?

davo10 · 24-09-2014 6:13pm

Geordie_Girl wrote: »

It is a new car, it has a scratch on one wing. I totally understand that it's our fault, that's why we've offered to pay.

Does it matter that the car was parked illegally (and still is)?

If it's a new car, they probably contacted the dealer. No it doesn't matter where it was parked, your daughter damaged it. I can only imagine how annoyed they are that their new car is scratched through no fault of their own.

slimjimmc · 24-09-2014 6:14pm

Geordie_Girl wrote: »

It is a new car, it has a scratch on one wing. I totally understand that it's our fault, that's why we've offered to pay.

Does it matter that the car was parked illegally (and still is)?

Not one jot.

Geordie_Girl · 24-09-2014 6:15pm

davo10 wrote: »

If it's a new car, they probably contacted the dealer. No it doesn't matter where it was parked, your daughter damaged it. I can only imagine how annoyed they are that their new car is scratched through no fault of their own.

Son

Kristopherus · 24-09-2014 6:21pm

Geordie_Girl wrote: »

It is a new car, it has a scratch on one wing. I totally understand that it's our fault, that's why we've offered to pay.

Does it matter that the car was parked illegally (and still is)?

Op, why do I get the impression that you are looking for someone to agree with your pov, and not take the advice of the good people who have posted here

?

davo10 · 24-09-2014 6:23pm

Geordie_Girl wrote: »

Son

Child, your child, your responcilbility.

Geordie_Girl · 24-09-2014 6:25pm

Kristopherus wrote: »

Op, why do I get the impression that you are looking for someone to agree with your pov, and not taje the advice of the good people who have posted here?

Nope, not at all. I'm just asking. I have taken the advice, and as I've stated twice, we offered to pay.

salamanca22 · 24-09-2014 6:28pm

When someone damages another's property it is the prerogative of the person whose property has been damaged to have the property replaced or repaired to the same standard as it was before the damage was caused.

In this case that would mean a trip to the main dealer to install new parts in place of the damaged ones or to have them repaired to the standard a new part would be. In this case to be resprayed if it was just a paint scratch. The whole panel will need to be repainted.

CIARAN_BOYLE · 24-09-2014 6:29pm

Geordie_Girl wrote: »

Is this definite? Or is it just what's said above?
My quote from carcraft is half the cost of their quote.

I'm no lawyer but I did some law while studying business so do not take this as legal advice. There is definitely some sort of responsibility to minimise their loss.

I think the deciding factor is whether it is reasonable for them to go with their quote over your quote.

Is it the main brand dealer? Is thee a difference in the quality of care? Is the actual service different, is your guy painting a scratched door while their guy is giving them a new door?

Geordie_Girl · 24-09-2014 6:32pm

Thanks everyone.

Kristopherus · 24-09-2014 6:40pm

CIARAN_BOYLE wrote: »

I'm no lawyer but I did some law while studying business so do not take this as legal advice. There is definitely some sort of responsibility to minimise their loss.

I think the deciding factor is whether it is reasonable for them to go with their quote over your quote.

Is it the main brand dealer? Is thee a difference in the quality of care? Is the actual service different, is your guy painting a scratched door while their guy is giving them a new door?

Its a new car, so may very well be still in its first year. If thats the case, then Main Dealer may be the only option. Whats the status of the guarantee if a third party carries out repairs?

RainyDay · 24-09-2014 6:44pm

Geordie_Girl wrote: »

Nope, not at all. I'm just asking. I have taken the advice, and as I've stated twice, we offered to pay.

If it was your car, would you want control over who does the repair?

endacl · 24-09-2014 6:53pm

Fair play to you for paying, op. A neighbours kid knocked my wing mirror off in May. She agreed to pay. I spent a couple of days finding the lowest quote possible, and had it done. No sign of any payment yet. Plenty of excuses. "I didn't think it would cost that much", "we're going on holidays next week", "the kids are just back to school". All just sneaky ways of saying "I'm not paying for my child's damage, because I don't want to". Who only agreed to pay because she saw the damage occur and another neighbour saw her watch.

I'd hope, in the spirit of neighbourliness, they'd get it done as cheaply as possible without cutting corners. That's what I did.

Feck it. I paid for a wing mirror. Maybe I should just take hers...

Kelly06 · 24-09-2014 6:55pm

If it's a brand new car then it's under warranty. Your repairer could invalidate their warranty.

Also have you thought that if you do get it repaired in your repairer and they are not happy with the standard of work done that you could be on the hook with a second repair. A new car costs a fortune, I wouldn't let anyone but a main dealer repair so as not to devalue it

TheZ · 24-09-2014 7:49pm

Unless you directed it or can be said to have not exercised proper control over kids and were negligent in that respect you are not legally responsible. From a neighbour perspective I would probably pay but I would expect neighbourliness gesture to be reciprocated

Kelly06 · 24-09-2014 7:53pm

endacl wrote: »

Fair play to you for paying, op. A neighbours kid knocked my wing mirror off in May. She agreed to pay. I spent a couple of days finding the lowest quote possible, and had it done. No sign of any payment yet. Plenty of excuses. "I didn't think it would cost that much", "we're going on holidays next week", "the kids are just back to school". All just sneaky ways of saying "I'm not paying for my child's damage, because I don't want to". Who only agreed to pay because she saw the damage occur and another neighbour saw her watch.

I'd hope, in the spirit of neighbourliness, they'd get it done as cheaply as possible without cutting corners. That's what I did.

Feck it. I paid for a wing mirror. Maybe I should just take hers...

There's no way I would let her away with that ... If she can afford to go on a holiday she can afford to do the right thing.

Ask her to pay in instalments. A couple of hundred quid on a wing mirror is cheap at the price for good relations with your neighbour in my opinion anyways! You never know when your going to need them!

Johngoose · 24-09-2014 8:01pm

You are better off leaving them pick the garage and say nothing. Might cost a little more than you would like, but better off keeping on their good side. It was your child's fault after all, even though it was innocent I'm sure.

alias no.9 · 24-09-2014 8:13pm

Kelly06 wrote: »

If it's a brand new car then it's under warranty. Your repairer could invalidate their warranty.

Also have you thought that if you do get it repaired in your repairer and they are not happy with the standard of work done that you could be on the hook with a second repair. A new car costs a fortune, I wouldn't let anyone but a main dealer repair so as not to devalue it

This is bollox provided the repairer uses original parts and is a competent professional. Main dealers rarely if ever do bodywork, it's almost always contracted out to a specialist bodyshop.

GrumpyMe · 24-09-2014 8:15pm

The owner of the damaged car is entitled to be compensated for the damage.
They are under no obligation to have the vehicle repaired and you would have no right to insist that they did have it repaired.

Kelly06 · 24-09-2014 8:31pm

alias no.9 wrote: »

This is bollox provided the repairer uses original parts and is a competent professional. Main dealers rarely if ever do bodywork, it's almost always contracted out to a specialist bodyshop.

Thing being, if you bring your new car to a main dealer your fix is guaranteed. If your not happy with it you can go back. You don't really get that kind of customer service with a local garage. I know this because I have a friend who is fairly high up in after sales for one of the main car manufactures . If paint is badly applied it can be noticible, Lauquer can peel etc.

I'm only saying this because the car is new. It could be a micra or an expensive Audi who knows the op didn't say. I drive a 06 and I wouldn't bring my car to the main dealer for repair if the neighbour damaged it. With a new car it really is a different story. I do think the op is being a very decent neighbour in offering to pay though , I'm sure a lot of people would try to duck out of it. So fair play to them!

ytpe2r5bxkn0c1 · 24-09-2014 8:41pm

alias no.9 wrote: »

This is bollox provided the repairer uses original parts and is a competent professional. Main dealers rarely if ever do bodywork, it's almost always contracted out to a specialist bodyshop.

Tosh! I change my car every 2 years and I can assure you if there was a scratch to be repaired it would be sent via the main dealer. I value my warranty and my trade in value. If it is a new car the owner is entitled to, and should expect, that the repair is done by a company with the full confidence of the main dealer. The fact that it is a new car changes the dynamics of the case considerably.

alias no.9 · 24-09-2014 8:49pm

Kelly06 wrote: »

Thing being, if you bring your new car to a main dealer your fix is guaranteed. If your not happy with it you can go back. You don't really get that kind of customer service with a local garage. I know this because I have a friend who is fairly high up in after sales for one of the main car manufactures . If paint is badly applied it can be noticible, Lauquer can peel etc.

I'm only saying this because the car is new. It could be a micra or an expensive Audi who knows the op didn't say. I drive a 06 and I wouldn't bring my car to the main dealer for repair if the neighbour damaged it. With a new car it really is a different story. I do think the op is being a very decent neighbour in offering to pay though , I'm sure a lot of people would try to duck out of it. So fair play to them!

Its easy enough to find out where the main dealers send cars for repairs or even the ones that are authorised agents for the major insurance companies (often the same places), these guys will stand over their work.

endacl · 24-09-2014 8:52pm

Kelly06 wrote: »

There's no way I would let her away with that ... If she can afford to go on a holiday she can afford to do the right thing.

Ask her to pay in instalments. A couple of hundred quid on a wing mirror is cheap at the price for good relations with your neighbour in my opinion anyways! You never know when your going to need them!

She's a single parent, d'ye see. Holidays are important. :rolleyes:

In fairness, I know she's hard up for cash. If she'd just knock on the door and explain she's broke and offer any sum, I'd probably appreciate the gesture and let it go. It's the constant chasing that leaves you feeling like a bit of a gobshyte.

RainyDay · 24-09-2014 9:04pm

Geordie_Girl wrote: »

Does it matter that the car was parked illegally (and still is)?

slimjimmc wrote: »

Not one jot.

I wouldn't be so quick to dismiss the illegal parking issue. If the illegal parking was a contributory factor to the damage occurring, then there might be some shared liability on the car owner.

endacl · 24-09-2014 9:11pm

RainyDay wrote: »

I wouldn't be so quick to dismiss the illegal parking issue. If the illegal parking was a contributory factor to the damage occurring, then there might be some shared liability on the car owner.

How?

my3cents · 24-09-2014 9:12pm

endacl wrote: »

How?

If it was parked across the OP's drive and the kid didn't have enough room to push a bike in.

Savage93 · 24-09-2014 9:17pm

Geordie_Girl wrote: »

My child damaged a neighbours car, we've offered to cover the damage, but I'm wondering are we obliged to pay for the garage of their choosing? Or can I get a quote from another garage and cover that price, with them covering the extra if they insist on using their preferred dealer?
Thanks

Man the <SNIP>,up and take responsibility for your child's damage, if he wants it repaired on the moon you pay:mad::mad::mad::mad:

Geordie_Girl · 24-09-2014 9:26pm

Savage93 wrote: »

Man the <SNIP> up and take responsibility for your child's damage, if he wants it repaired on the moon you pay:mad::mad::mad::mad:

<SNIP> What part of WE'VE OFFERED TO PAY involves me not taking responsibility? <SNIP>

Thanks everyone else for your help and advice, you've helped a lot, brought up a few points I hadn't thought of.

davo10 · 24-09-2014 9:30pm

Geordie_Girl wrote: »

<SNIP> What part of WE'VE OFFERED TO PAY involves me not taking responsibility? <SNIP>

Thanks everyone else for your help and advice, you've helped a lot, brought up a few points I hadn't thought of.

To be fair, you offered to pay, but you want to do it on your terms, you asked for opinions on the "legal standing" of having to pay and you are seeking advice on whether you have to pay at all given that you think the car was parked illegally. It looks like you want to keep posting here until someone tells you that you don't have to pay at all/you don't have to pay to have it repaired by a main dealer.

Geordie_Girl · 24-09-2014 9:34pm

davo10 wrote: »

To be fair, you offered to pay, but on your terms, asked for opinions on the "legal standing" of having to pay and you are seeking advice of if you have to pay at all given that you think the car was parked illegally. It looks like you want to keep posting until someone tells you, you don't have to pay/you don't have to pay to have it repaired by a main dealer.

I haven't posted for 3 hours, and yet I'm just gonna keep posting until someone gives me the answer I want? That's not how that works.

I'm done, thanks most of you for your advice, you have helped me to realise some things I hadn't considered (as I just said).

No thanks to the couple of you who are just being <SNIP>.

michael999999 · 24-09-2014 9:35pm

RainyDay wrote: »

I wouldn't be so quick to dismiss the illegal parking issue. If the illegal parking was a contributory factor to the damage occurring, then there might be some shared liability on the car owner.

Nope. I went into the back of a car that was parked half way up on the kerb on double yellows. Was still 100% my fault. At least that's what the guard told me.

Duiske · 24-09-2014 9:36pm

Savage93 wrote: »

Man the <SNIP> up and take responsibility for your child's damage, if he wants it repaired on the moon you pay:mad::mad::mad::mad:

She appears to be taking responsibility. And op, if the guy changes his mind again and decides he wants the repair done on the moon, remember that you still only have to pay for the actual repair, and not transport of the car to the lunar surface.

bucketybuck · 24-09-2014 9:53pm

Kristopherus wrote: »

Its a new car, so may very well be still in its first year. If thats the case, then Main Dealer may be the only option. Whats the status of the guarantee if a third party carries out repairs?

I've been processing warranty claims for multiple brands and dealers for nearly ten years now, and a repaired/replaced panel will have no impact whatsoever on warranty relating to mechanical faults. Its a bit of a myth that dealers will try to reject warranty claims, we want these repairs to be warranty, its money for our workshop after all. So if you have a problem with a fuel pump we won't give a damn if a wing has been replaced.

Paint and corrosion warranty is a different matter. Again, we don't want to reject the claim but there are photos to be taken and authorisation to be obtained before the work can be done. If you want to claim for faded paint on a particular panel and it is obvious that the panel has been resprayed previously then yes, your warranty claim will be rejected. The warranty for the whole car won't be invalidated though, thats just another myth, all that happens is that we won't pay for this particular claim.

If you have a new car and you need to replace a wing, then my advice is to stop worrying about the warranty, replacing that wing at a bodyshop will not mean you lose all warranty on the car. Not to mention, bodyshop repairs will only affect paint/corrosion claims anyway and those types of claim are very much in the minority.

Kelly06 wrote: »

If it's a brand new car then it's under warranty. Your repairer could invalidate their warranty.

It doesn't work like that. See above.

dudara · 24-09-2014 10:13pm

Posters - let's refrain from legal advice here, none of us can offer that on professional capacity on a Boards

As always, attack the post, not the poster. Please be civil to each other. And watch the language

dudara

Miaireland · 25-09-2014 2:45pm

I am not sure if this is what you to hear or not.

A similar thing happened to my Dad with his car being damaged by a neighbours teenager. My father always went to the dealer he bought the car from (however they do their own work onsite - very big business). HE got a quote from that dealer. The neighbours asked could they get a quote from elsewhere. It was cheaper by a good bit but the paint (his car was a revolting colour at the time) would be slightly different from the dealership( they did not supply that colour to other places) and the dealership advised that it would affect the re-sale value of the car if it was done elsewhere. The neighbours agreed to pay for the job at the dealership when they heard this.My father wouldn't have persued this but did want his car repaired by the place he always got the car repaired.

If I were you I would just pay the quoted that they gave you. You can leave yourself open to trouble long term by going the other route.

RainyDay · 25-09-2014 2:49pm

michael999999 wrote: »

Nope. I went into the back of a car that was parked half way up on the kerb on double yellows. Was still 100% my fault. At least that's what the guard told me.

Gardai don't get to decide matters of civil liability. Gardai deal with criminal matters, not civil. The question of who is liable for the cost of damage caused has nothing to do with the Gardai.

Child damaged a car, do I have to pay for owners preferred garage?

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