To be annoyed at having to pay for this car to be re-sprayed?

[emmabrown123]

Before I start I'll just say - I know I have to pay for this!! I'm just wondering where I stand about knowing whether I'm being a bit diddled or not!!

My 3 year old son was riding his bike along the pavement and as he came round the corner there was a car (brand new Audi) parked taking up the majority of the pavement. His Dad was behind him and shouted at him to stop, he didn't and subsequently scratched the car, over 2 panels.

We wrote a note explaining the damage, took some pictures and left it at that. The scratch was long but didn't look too deep.

That was about 10 days ago, today we've had a message from the owner saying it's going to a garage tomorrow and may need a full respray of both panels.

My husband thinks that's rubbish and that it could be sorted without respraying, I have no knowledge on the subject.

We will obviously cover the cost, although it bloody irks me because the car was (and always is) parked ridiculously and blocking the pavement for anyone pushing a buggy / in a wheelchair. My question is - is there anything I can do to check that they're not having a respray when they don't need one?! And is there anyway I can lower the cost (prices ranging from a couple of hundred to over a grand have been bandied about) as I'm not sure where we're going to find the money as yet!!!

Or do I just suck it up and find some way to pay it?!!

[specialsubject]

Pavements are indeed for pedestrians. The only wheels should be pushchairs and wheelchairs. Take the bike away until you get to a cycle path.

Let the child scream. He and you will scream a lot louder if he is crushed by someone reversing out of their drive, or if knocks someone over.

Spectacular missing the point on this thread. You are very lucky that he only crashed into an object.

[BakedBeans47]

From the Highway Code

Rule 244
You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.

So unless there were signs permitting it, which I doubt, the motorist shouldn’t have been on the pavement.

And

You MUST NOT drive on or over a pavement, footpath or bridleway except to gain lawful access to property, or in the case of an emergency.


So whilst of course it doesn’t give carte Blanche for someone’s property to be damaged, it’s not just fine and dandy to be parked on the pavement. The car driver should be at least aware his own conduct was less than perfect in all of this.

[BakedBeans47]

The ”driving on the pavement” thing is a red herring.

Really?

How do you get your car onto a pavement then without driving it there?

Pavements are for pedestrians, not for motor vehicles. Some car owners are just so entitled. They can’t think of any other place to park so fuck the people who can’t get by on the pavement.

[strawberry1122]

I think you are doing the decent thing paying up but if you are suspect about the costs or extent of work i'd insist on getting a second quote that you seek out.

[honeyroar]

This thread makes me dispair of people! About 10% commenting come across as decent people. So many would happily cause damage and run off, loads don't seem to get that riding a bike on a pavement is as "illegal" as parking on it, mothers that think their little cherubs should be able to do anything in the name of developing!

I very lightly scratched a car while parking last year. On looking at the car I was relieved to see it was barely scratched. Someone had done similar damage to my car previously (and left a fake number) and it had cost £150 to polish out. However the car I scratched was a new 4x4 BMW and the BMW garage said it would probably need a new bumper and be nearly £2k. I was stupefied but just let the insurance deal with it from that point. Weirdly it didn't come as a claim on my insurance (my car had another £100 polish and was good as new so I never claimed for mine) or put my policy up.

[SoupDragon]

In some places parking on a pavement is absolutely fine. The ”driving on the pavement” thing is a red herring.

[BakedBeans47]

parking on the pavement is fine

No it isn’t. To park on a pavement you have to have driven on a pavement to do so, which is illegal.

[BeeMyBaby]

Thanks soupdragon, teaches me to only skim read threads!

[Aprilmightmemynewname]

Assuming they get the work done. I was bullied into paying up for a scuff on a bumper - didn't want to go through insurance as was my fault - don't doubt a Magic Sponge would have fixed it though! I gave him a cheque for £90 as per the emailed quote. He cashed the cheque but then didn't fix the car. Was pretty pissed off.

[SoupDragon]

I don't think the OP should pay

She’s paid. It was £40.

[TittyGolightly]

Why? A lorry has less visibility for things that are close up than a cyclist that’s next to the car.

And your husband’s approach doesn’t alter the law. The car was not illegally parked and the OP’s child was not suitably supervised (ie the parent was more than 2 steps away). It’s legally the OP’s partner’s fault, and the OP says they are payin for the damage.

[Alwayscheerful]

I checked About pavement parking with our local police officer, parking on the pavement is fine, just as long as you leave room for a double buggy or wheelchair to pass.

[BeeMyBaby]

I don't think the OP should pay. DH parks on the kerbside rather than a driveway (not on the pavement) and on his previous car it had scratches either side, I guess from bikes and people's jackets etc. He basically expects that as it's not in a driveway these things are going to happen, I would never have expected a note. (However when the massive lorry rammed into our car whilst it was driverless and stationary we were less understanding).

[DaisyInTheChain]

I'll make sure to text the person I know who has had a really really really similar situation to this recently. Down to the fact it was 2 door panels & the fact that the insurance want to do Crazy stuffs for the damage.

In the law of averages I don't think you get such a similar situation. The main differences seem to be that it's been changed to my child was on a bike, not my male friend can't drive.

But it was hypothetically on a corner, although they were parked as everyone has parked since time began outside the persons house. So not really on the corner per se. Even the person I know is baffled at the repair job for something that is surely a 20 minute job. It wasn't an Audi but it was a nice car, which it appears people aren't allowed nowadays.

It could just be a coincidence, or maybe it wasn't a car crash that caused the damage, I know who OP is potentially and there's no reason to let a kid on stabilisers ahead of you.

A lot of where we live has 'no cycling' on pavements and corners on the footpath whether you're 3 or 83.

That's why if OP did a diagram it would rule out if she's doctored this situation to woe is me and my child. When the facts I got told was CF driver who near drove away after driving into a car.

It seems to have been resolved quickly when Titty came on the scene so wondering if I know Titty too.

As for the delightful suggestions, with drivers parking where they have always parked for the last half a century or more. I've never had issues getting by on the footpath. I don't think I've ever seen a buggy down the street. But you do get kids on bikes which is against the law too.

So for those who suggest smearing dog excrement under the handles, I'm thinking for the naughty kids breaking the law, one of those jet sprayer things. But filled with washing up liquid too. (Joke - please God I'm joking before anyone starts, unlike those who want adults and children to end up with dog excrement on their hands, nice)

Don't people believe in karma, bad stuffs you do unto others will sting you in your backside?

Can't we go la la la la laaaaa, if this situation occurred OP knows not to let there training cyclist child near top end cars. Or any car as whether it's an Audi or Mini or a complete banger, people do take pride in their cars appearance, so if said child had 'fell' somewhat spectacularly causing damage to 2 panels of a car, the owner of any car won't be impresssed.

In my best Pewdiepie voice, does OP want to add it was a snow day, the kids were off school, if the offending driver was on the footpath, it was to give room to motorists. So conditions weren't best for a child learning to cycle. Oopsie doopsie.

[BakedBeans47]

the Highway Code has no basis in legality.

Yes it does.

Glad you got it sorted OP. That sounds a reasonable amount to cough up and maybe he’ll think twice about parking like a dick again.

[AvoidingDM]

Op seems to have resolved it. Fair Play to you.

However if it was me I'd have potentially phoned the police before I confessed.
At my old house somebody had taken to parking on the pavement forcing pedestrians, buggies and the man in the wheelchair on to the road. A few nights of it and a call to the local police. They came up had a look, disappeared and returned 10mins later and book him. That was the end of Mr Lazybonez parking on the pavement!

[Scuzzlet]

Oh my god the people on this thread. “Put dog shit on his door handles” what the actual fuck is wrong with you?? How sick and VILE.

Yes the car was parked awkwardly but it doesn’t mean the owner deserves to have it fucking damaged or get his hands covered in dog shite. Get a grip.

[purpleleotard]

think a couple of hundred for the respray of two panels.
Had to do the door on my motor before sale and quick and easy at the spray shop. Couldn't see the difference.

[mum11970]

Glad you got a good outcome, sounds like it was more of a scuff than a scratch and the garage can polish them out. As the owner of a body shop I have to admit to laughing at the pp who was told her paint was no longer available.

[TittyGolightly]

If it was on the pavement you don't have to pay - you can check with the police if you like.

Not even slightly true. If you damage a stationary vehicle it doesn’t matter whether it was parked badly, illegally or if the owner is disqualified from driving. You are liable.

We’ve had days of this crap being posted now.

[Toddlerteaplease]

I drove through. Car park barrier and scratched the length of the car. The whole of one side needed a re spray.

[PotteryLady]

If it was on the pavement you don't have to pay - you can check with the police if you like. The road is for cars and if the park on a pavement it's at their own risk.

[anneoneill]

@5plusMeAndHim Anybody who would seriously be injured by a 3 year old cycling on the pavement probably shouldn't be out of hospital the house in the first place.

Anti-cyclist venom is nothing new on here, but directing it at a 3 year old is particularly nasty.

[JacquesHammer]

@5plusMeAndHim - the Highway Code has no basis in legality.

It isn't illegal for a 3 year old child to cycle on the pavement. However if someone cycling on a pavement caused an accident, aspects of the HC might be used as evidence towards another offence.

The HC is a set of guidelines as to best practice.

[RandomMess]

Yes technically but the police are advised to exercise discretion on this and children under 10 cannot be issued with a fixed penalty notice. He could have been on a scooter and easily had the same incident and that isn't unlawful!