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Legal Advice involving a minor car accident

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  • 04-06-2020 7:08pm
    #1
    Coffdrop
    Registered Users Posts: 13 ✭


    I'll try to keep this brief.

    I bumped a parked car yesterday put a small dent in the left hand door, I gave the owner my details straight away. They say they need a new door, which they don't and give me a bill for €1600 for the garage they bought it in. So today I go to a different garage and they say a new door isn't needed and they can leave it looking brand new for €500 and also offer the owner a car to drive for two days. As far as I know the owner wants me to hand over cash and I've a feeling they are looking to turn a profit.

    I'm just looking for advice on my legal obligations. Do I have to go with their estimate? What are my options?

    Thanks in advance.


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    #2
    DD1518
    Registered Users Posts: 108 ✭✭DD1518


    Coffdrop wrote: »
    I'll try to keep this brief.

    I bumped a parked car yesterday put a small dent in the left hand door, I gave the owner my details straight away. They say they need a new door, which they don't and give me a bill for €1600 for the garage they bought it in. So today I go to a different garage and they say a new door isn't needed and they can leave it looking brand new for €500 and also offer the owner a car to drive for two days. As far as I know the owner wants me to hand over cash and I've a feeling they are looking to turn a profit.

    I'm just looking for advice on my legal obligations. Do I have to go with their estimate? What are my options?

    Thanks in advance.

    No the other party can't do that you can find someone to fix the damage yourself most likely your own personal mechanic they have no legal grounds to quote you such a price and you are not obliged to agree to it.


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    #3
    ezra_
    Registered Users Posts: 1,373 ✭✭✭ezra_


    Coffdrop wrote: »
    I'll try to keep this brief.

    I bumped a parked car yesterday put a small dent in the left hand door, I gave the owner my details straight away. They say they need a new door, which they don't and give me a bill for €1600 for the garage they bought it in. So today I go to a different garage and they say a new door isn't needed and they can leave it looking brand new for €500 and also offer the owner a car to drive for two days. As far as I know the owner wants me to hand over cash and I've a feeling they are looking to turn a profit.

    I'm just looking for advice on my legal obligations. Do I have to go with their estimate? What are my options?

    Thanks in advance.

    Given that specific legal advice isn't allowed to be procured on this forum, you might not get the answer you are looking for. Seek a solicitor if you want to get actual legal advice.

    However, in the event of causing damage to someone else's vehicle, there are some things to be aware of:

    1) It is most likely in your insurance terms that you have to notify them if there is the possibility of a claim be made against you, or if you are going to seek a claim against someone else. Notifying them doesn't mean you have to go through them, but you should let them know.

    2) You don't get to choose where the person whose car you have damaged gets it repaired. If you aren't happy with how they want to deal with it, let your insurance handle it. This is your only choice; agree to settle with them on their basis or settle with them through your insurance. You can't dictate to them what you are willing to pay or how they should get their car repaired.

    3) €1600 for a door and paint job isn't a bad price, I'm guessing the car isn't German.


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    #4
    Pkiernan
    Registered Users Posts: 4,315 ✭✭✭Pkiernan


    DD1518 wrote: »
    No the other party can't do that you can find someone to fix the damage yourself most likely your own personal mechanic they have no legal grounds to quote you such a price and you are not obliged to agree to it.

    This is totally wrong.


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    #5
    DD1518
    Registered Users Posts: 108 ✭✭DD1518


    Pkiernan wrote: »
    This is totally wrong.

    Well I've had a similar issue in the past and this is how it worked out via my solicitor who instructed me I was under no legal obligation to pay the other parties quote as long as I agreed to fix it myself.


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    #6
    DD1518
    Registered Users Posts: 108 ✭✭DD1518


    Read here


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    #7
    ezra_
    Registered Users Posts: 1,373 ✭✭✭ezra_


    DD1518 wrote: »
    Read here

    I'm not sure what you are suggesting there.

    As the person who caused the accident, the claim is against your own policy, so you have to go with what the insurance company suggests (if you go down the route of claiming through insurance).

    Nowhere in that doc gives you, as the causer of the accident, the right to mandate where the repair is done. You can either accept the car owner's suggestion, or the insurance companies. But you can't force your own.


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    #8
    biko
    Registered Users Posts: 81,223 ✭✭✭✭biko


    Let your insurer handle it.


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    #9
    colm_mcm
    Registered Users Posts: 73,387 ✭✭✭✭colm_mcm


    The article you linked is basically telling the victims of bad driving that they have a choice where it’s repaired.


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    #10
    Coffdrop
    Registered Users Posts: 13 ✭Coffdrop


    Thanks for all the responses guys, it helped greatly.


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    #11
    seagull
    Registered Users Posts: 2,340 ✭✭✭seagull


    It's up to the damaged party to decide where to get the car repaired. They can get a quote, and just take the money and not bother doing the repair. You have no rights in where they go.


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    #12
    Eggs For Dinner
    Registered Users Posts: 2,942 ✭✭✭Eggs For Dinner


    DD1518 wrote: »
    No the other party can't do that you can find someone to fix the damage yourself most likely your own personal mechanic they have no legal grounds to quote you such a price and you are not obliged to agree to it.

    I'm struggling to to find any part of this statement which is accurate


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    #13
    mrsgiller
    Registered Users Posts: 42 ✭mrsgiller


    My son rolled into a car at traffic lights and cracked a light, no more than €50 damage and very slight paint damage to sons car, driver wanted 1,500 son refused, driver went through Sons insurance, got €2,00 for car and €5,00 for alleged injuries. Insurance fraud at its finest. No advise but try not to go through insurance.


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    #14
    colm_mcm
    Registered Users Posts: 73,387 ✭✭✭✭colm_mcm


    mrsgiller wrote: »
    My son rolled into a car at traffic lights and cracked a light, no more than €50 damage and very slight paint damage to sons car, driver wanted 1,500 son refused, driver went through Sons insurance, got €2,00 for car and €5,00 for alleged injuries. Insurance fraud at its finest. No advise but try not to go through insurance.

    Sounds like there was more than €50 damage in that case, they don’t just hand out money for repairs that don’t need doing.


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    #15
    Mad_maxx
    Registered Users Posts: 13,505 ✭✭✭✭Mad_maxx


    mrsgiller wrote: »
    My son rolled into a car at traffic lights and cracked a light, no more than €50 damage and very slight paint damage to sons car, driver wanted 1,500 son refused, driver went through Sons insurance, got €2,00 for car and €5,00 for alleged injuries. Insurance fraud at its finest. No advise but try not to go through insurance.

    no such thing as only 50 euro damage in a situation like that


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    #16
    BattleCorp
    Registered Users Posts: 11,758 ✭✭✭✭BattleCorp


    DD1518 wrote: »
    No the other party can't do that you can find someone to fix the damage yourself most likely your own personal mechanic they have no legal grounds to quote you such a price and you are not obliged to agree to it.
    Eggs For Dinner wrote: »
    I'm struggling to to find any part of this statement which is accurate

    Ah no. Some of it is true. There are such things as mechanics. :D


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    #17
    kennethsmyth
    Registered Users Posts: 1,180 ✭✭✭kennethsmyth


    DD1518 wrote: »
    No the other party can't do that you can find someone to fix the damage yourself most likely your own personal mechanic they have no legal grounds to quote you such a price and you are not obliged to agree to it.


    Absolute total BS. The injured party can do two things, firstly they can get a quote from a main dealer if they wish especially if car is relatively new. Secondly they can either be nice to you and allow you to pay or they just skip you and go through your insurance. Either way you pay. Best thing you can do is get a few quotes but with door to be changed to see if 1600 is close. The original door had no dent or the skin of the door made easier to dent in future with a repair. They are entitled to be put back in the position they were prior to the accident.


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