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Extensive damage to my car by drunk neighbour

21 replies

trikster · 02/06/2010 17:04

My neighbour's 20(ish) year old drunk son fell on our car whilst trying to climb our garage/porch. The car was parked in our driveway and has been damaged badly. I called the police and the ambulance whilst my DH looked after the injured young man. I contacted his mum (also my neighbour)on her mobile to inform her of the incident and she said she was miles away and could not drive back as she had a few drinks herself. When the police asked us if we wanted to press charges we said it was best if we discussed it with our neighbour first. The following morning my neighbour came to thank me for calling the ambulance, keeping her informed and being there for her son. She said we should let her know the cost of the damage. In order to provide a quote, the car had to be towed to the garage as it was too dangerous to drive. We told the neighbour the cost, which came to £2,500 and she said she would like the car registration and would like to use her ex DH's contacts to quote too. Problem is the car is already at the garage. The car insurance company have said that we have to prove malicious intent in order to win damages. Not sure what to do next. I do not want to pay the £2,500 but also do not want to have a bad relationship with my neighbour. Any advice would be appreciated.

OP posts:
Hassled · 02/06/2010 17:07

I don't understand why you have to win damages. Can't you just claim under your insurance for accidental damage and get the excess from your neighbour?

trikster · 02/06/2010 17:10

The insurance company said that the incident is not regarded as an accident. If we claimed and they do not win the case, we would have to pay the full cost.

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grumpypants · 02/06/2010 17:10

but then the premiums will go up. Maybe the neighbour should check her car and household policy esop as no claims bonus may be affected by claim?

nigglewiggle · 02/06/2010 17:11

The problem with claiming on your insurance is that your premiums will go up. I think considering the fact that you could make a complaint of criminal damage against the son and have been quite reasonable until now, they should be willing to cough up.

Could their contacts just visit the garage to check that the quote you have is reasonable?

trikster · 03/06/2010 08:29

Thanks for the suggestion nigglewiggle. I have offered her that option and another one which is going through insurance (we'll take the risk to get the issue resolved quickly) but its all gone quiet. Problem is that i need the car. Am using my DH's car at the moment.

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tortoiseonthehalfshell · 03/06/2010 08:33

Check your home insurance policy, trikster. If the car was on your property, it might be covered under that one.

trikster · 03/06/2010 10:45

The home insurance company said they do not cover the car even though it was in the drive.

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lal123 · 03/06/2010 11:07

I don't understand why you don't just give the car reg to your neighbour and let them get other quotes?

southeastastra · 03/06/2010 11:11

have they started repairs?

LoveBeing34 · 03/06/2010 11:14

I would give her the reg, its only going to be used for the details of the car to help them assess what the quote would be. How much is the car worth? She might give you money instead?

BallpointPen · 03/06/2010 11:17

What's wrong with them getting quotes from their contact? If they can get mates rates and still get the job done to a good standard than all is good.

Can they either have the car towed to their garage(at their expense) or send in their mechanic to assess the damage at the garage you have had the car towed to?

booyhoo · 03/06/2010 11:19

give them the reg and let her get quotes but tell her that as the car is already in the garage, that is where you will be getting it repaired so that is how much she will have to pay.

trikster · 03/06/2010 11:26

I have given her the car reg and informed her that the car has been towed to the garage that provided the initial quote. What i'm reluctant to do is to get the garage to tow the car back to the house or take it to her contacts. The car is not safe to drive so has to be towed.

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trikster · 03/06/2010 11:43

The car is a BMW. We are reluctant to use thier contacts because we have seen the kind of workers they use for thier repairs e.g. for house etc (nearly always the work is substandard). Also, if we have problems after the repairs are done, we may not be able to get the problems fixed and besides we do not want the hassle of having the car going back to the garage. I've been told by a garage (previous to the incident -on another car) that you can use cheaper parts or genuine BMW parts. We do not have the skills to check that the parts used are genuine once the work is done. This may affect the resale value of the car. She can get the quotes if her contact can visit the garage where the car is currently - no problems, but we are not using her contacts unless they reputable garages. Anyhow despite giving her the car reg and the 2 options i've mentioned previously, its all gone quiet.

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LadyBiscuit · 03/06/2010 11:57

I think you've been incredibly obliging. You have let her provide quotes but on your terms which is entirely fair enough - you've been very reasonable. If she doesn't like it then tough really - you shouldn't have to have your car repaired shoddily because she doesn't want to fork out.

southeastastra · 03/06/2010 13:23

only worried that their insurer etc would have wanted to make note of the damage themselves, think that's how it works! in case people pull as fast one.

Earlybird · 03/06/2010 13:25

Do you think your neighbour carries insurance that would cover this sort of accident?

If not, or if she doesn't wish to make a claim, do you think she could afford such an expensive repair out of pocket (difficult to judge, I know)?

trikster · 03/06/2010 13:39

EarlyBird - I would have thought she would have mentioned it by now if she had insurance that would cover such incidents. I'm inclined to think that she probably doesn't, otherwise why would she want a few quotes from her ex DH's contacts.
I'm pretty sure she can afford it. She has recently sold her mum's large house and inherted half also she has been renovating her house i.e from a new roof to the garage door - not cheap repairs.

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aquavit · 03/06/2010 13:49

I am with LadyBiscuit - you have been very decent about this. It's your car and you should be able to get it repaired at the place you trust. I think it would be quite reasonable to stand firm, even though it may be a bit tough on her that she has to fork out quite a lot of money (the son is over 18 though, isn't he...where is he in all this?).

southeastastra · 03/06/2010 13:50

when did it happen?

trikster · 03/06/2010 13:56

The incident happened on Saturday night.
aquavit - I enquired this morning and was told her son's doing fine but is not out of hospital yet. He doesn't really have a
steady job currently and lives with his mum. She asked for a quote the following morning after the incident and that's why i've got her involved.

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