Car damage in apartment complex

foxatron

Hi Folks,

Just want to know your opinion on this, I'm living in an apartment complex where I have underground parking. I have a designated space which I own. The problem is a neighbour of mine that's parked beside me keeps opening his door to far and in turn scratches the side of mine. Well I don't think its actually him all the time, he has a young child and when his wife goes to take the kid out from the back seat she hits the door off my car, which she seems oblivious about as she keeps doing it.

He was previously parked to the right of me and I had several marks on my car and I raised this with him and he apologised and said it was his child's fault and it wouldn't happen again.
Now he is parking on the left hand side and again I can see marks appearing on my car.

Just to be clear I haven't actually seen him mark the left hand side of my car but I'm 100% sure its him as its the very same as what has previously happened and well he's the only one that parks next to me down in the car park.

Should I report this to the Gardai? if he doesn't pay for the repair? I'm going to report it to the Management company but I'd imagine all they will do is send out a letter informing the residents to be more mindful.

athtrasna

Parking is generally at your own risk. Not a case for the Gardai unless you can prove malicious damage. Carelessness is not the same as malice though.

endacl

Wasn't the child's fault. It was the fault of the responsible adult who was supervising the child.

Edit: Whenever practical/possible, park as closely as possible to their car, preventing them usin the door on that side.

foxatron

endacl wrote: »

Wasn't the child's fault. It was the fault of the responsible adult who was supervising the child.

Edit: Whenever practical/possible, park as closely as possible to their car, preventing them usin the door on that side.

Yeah good point, never thought of trying that, I usually just tried to park with as much space between my car and his.

Boater123

Any paint transfer? Your paint on their car or vice versa? Damage to your car at the same height as the outermost point of their car door?

Just an opinion, but if there is no obvious physical proof or you didn't see it happen or have no witnesses or no cctv, you have really no proof just an

I think that unless they admit it in some sort of writing or recording then you really can't do much, officially.

Perhaps inform them, nicely, that you understand kids are just kids and all but that if it happens again you will have to have their insurance details. Might persuade them to be more careful

Pain in the keister I know, but being neighbours its best not to be too antagonistic.

I don't think the Gardaí would be too interested, it being on private property and all, unless it could be considered criminal/ malicious damage which it doesn't sound anything like.

I hope it's not a new or near new car. Sometimes on older cars these type marks can be buffed out, or vastly improved, with "colour magic" type polishes the same colour as your car. T cut is another good product or if its an old car and you want to risk it, just plain brasso but not too much rubbing, heh! Light marks might be taken out with cif.

Best of luck.

foxatron

athtrasna wrote: »

Parking is generally at your own risk. Not a case for the Gardai unless you can prove malicious damage. Carelessness is not the same as malice though.

True but I've already highlighted the issue to him and its continuing to happen so surely its getting beyond a point of carelessness at this stage. We're not talking about 2 or 3 marks on my car its more like 10 to 15 at this stage.

I've no issue with someone accidentally hitting my car, and apologising about it, these things happen but when you keep doing it and have to be told about it and then still keep letting it happen, its a bit much.

foxatron

Boater123 wrote: »

Any paint transfer? Your paint on their car or vice versa? Damage to your car at the same height as the outermost point of their car door?

Just an opinion, but if there is no obvious physical proof or you didn't see it happen or have no witnesses or no cctv, you have really no proof just an

I think that unless they admit it in some sort of writing or recording then you really can't do much, officially.

Perhaps inform them, nicely, that you understand kids are just kids and all but that if it happens again you will have to have their insurance details. Might persuade them to be more careful

Pain in the keister I know, but being neighbours its best not to be too antagonistic.

I don't think the Gardaí would be too interested, it being on private property and all, unless it could be considered criminal/ malicious damage which it doesn't sound anything like.

I hope it's not a new or near new car. Sometimes on older cars these type marks can be buffed out, or vastly improved, with "colour magic" type polishes the same colour as your car. T cut is another good product or if its an old car and you want to risk it, just plain brasso but not too much rubbing, heh! Light marks might be taken out with cif.

Best of luck.

Cheers for the advice. Yeah there was previously paint transfer. I dont think the cctv covers that area but he's admitted already that it happens but whether he'd do the same if I came looking for money to get it fixed is another thing.

The guy actually seems alright so I dont want to make a big issue out of it. When I brought it up before I kinda expected him to offer to pay to get the marks out I mean that's what I'd do if I marked someones car but he just said it wont happen again.

I guess the thing that really gets me is the fact that Ive said it to him already and its still happening, do people not have any respect for other peoples property or their own for that matter.

Im probably going to sell the car soon but these marks aint going to do much for the car when im trying to sell it so ill probably drop it up to someone and get it buffed out or try buff it out myself.

The_Minister

You could perhaps sue for material damage due to negligence but I'm not certain that a parent is vicariously liable for their child.

Suing for minor accidents without personal injuries is perfectly common and normal and occurs continuously in the district court.

MarkAnthony

athtrasna wrote: »

Parking is generally at your own risk. Not a case for the Gardai unless you can prove malicious damage. Carelessness is not the same as malice though.

Actually the standard for criminal damage is recklessness but I agree it's not a matter for the Gardai. Simply note down his insurance provider and make a claim. If nothing else it should provide the wake up call needed if approaching politely has failed.