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AIBU?

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Original poster

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

231 replies

emmabrown123 · 18/03/2018 16:39

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?!!

OP posts:
TittyGolightly · 18/03/2018 16:55

Driving along the pavement is completely different to driving onto it.

JacquesHammer · 18/03/2018 16:55

But rule 145 of the highway code says: 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

Failure to comply with the Highway Code isn't in itself an offence, however evidence of breaches of the HC can be used in cases of other offences in law

MatildaTheCat · 18/03/2018 16:56

If they are neighbours ask if they’d consider getting a mobile repair person d the work, it’s a fraction of the cost and they guy we use is fantastic. SW London if you want his contact details let me know. If not ask for local recommendations.

The car body shops are ridiculously expensive and all part of the scam of car insurance costs.

polarpercy · 18/03/2018 16:57

Driving along the pavement and driving onto it amount to the same thing. The car still travels a distance along pavement. Where I live there are sections of pavements that are damaged and dangerous due to cars repeatedly driving along them.

It's not difficult to consider that pavements are designed for pedestrians and cars should not obstruct them. The ruling in London should be extended to the rest of the country.

MuddlingMackem · 18/03/2018 17:00

I thought it was illegal to park so that a wheelchair can't get past on the pavement, but I haven't read the Highway Code lately.

Viviennemary · 18/03/2018 17:00

The car was illegally parked and was an obstruction. You shouldn't pay anything in my opinion.

MuddlingMackem · 18/03/2018 17:00

Cross post.

JacquesHammer · 18/03/2018 17:01

Unless you’re in London is not illegal. The HC is guidelines not laws

TittyGolightly · 18/03/2018 17:01

The car was illegally parked and was an obstruction. You shouldn't pay anything in my opinion

🙄

Aprilmightmemynewname · 18/03/2018 17:02

I would tell him to report you. No way would I pay.

BarbaraOcumbungles · 18/03/2018 17:02

If a car got scratched because it was parked like that it's the owner of the cars fault. I wouldn't have even left my details.

TittyGolightly · 18/03/2018 17:03

From a car insurance perspective, if you hit a stationary vehicle you are liable for the damage regardless of whether it was parked legally/insured etc. This is no different. Bikes aren’t supposed to be risen on pavements either so the OP’s husband and child aren’t blameless!

hibbledibble · 18/03/2018 17:03

Since you said they are neighbours and want to keep them on side them perhaps meet them and agree a mutually agreeable way forward. Perhaps 3 quotes, and you choose at least one of the providers, and you both agree to go with the lowest quote? Since they were parked on the pavement causing an obstruction perhaps agree to share the cost?

TittyGolightly · 18/03/2018 17:04

If a car got scratched because it was parked like that it's the owner of the cars fault. I wouldn't have even left my details.

Then you’re a twat.

It didn’t get scratched because of how it was parked. It got scratched because the OP’s child was riding on the pavement and didn’t have full control of the bike!

Nicknacky · 18/03/2018 17:04

april Who do you think the owner can report the op to?!

Bluelady · 18/03/2018 17:04

Ask him to let you see the quote and suggest you also get one. Chipsaway do these repairs with a life time guarantee and are much cheaper than a body shop. Legally you may not have to pay but you clearly feel - and I agree - that morally you should.

Idontdowindows · 18/03/2018 17:04

I'd get some advice first and then decide if it's worth it to not pay. I would be very miffed if I was going to have to pay for an illegally parked car.

BWatchWatcher · 18/03/2018 17:04

Bikes are allowed on the pavement if there are small children on them.
Cars should not be parked on the pavement.

SheSparkles · 18/03/2018 17:05

Your chuld caused the damage so you should pay to rectify it. Given that you have to live with these people I wouldn’t want to make my own life a misery by being twatty about the legalities of the car being on the pavement

TittyGolightly · 18/03/2018 17:05

In some places there is no choice but to park on the pavements. And it’s not illegal to. By doing so you shouldn’t expect £££££s of damage!

TittyGolightly · 18/03/2018 17:07

april Who do you think the owner can report the op to?!

His insurers. Who could pay for the damage to be repaired and then sue the OP (who has admitted the incident in writing).

Furiosa · 18/03/2018 17:07

Oh good lord my injustice barometer just went though the roof!

He parked on the flipping' pavement and is trying to get you to pay for your 3 year olds accident?!

If he doesn't want his precious car coming in contact with pedestrians he shouldn't park it on the god damn pavement!

I'd tell him to jog on but as your DH has admitted responsibility maybe a good will gesture and a promise from him that he'll not block the pavement in future......then put dog poo under his car door handles.

MereDintofPandiculation · 18/03/2018 17:07

It’s not illegal to park on the pavement in 95% of the UK. but it is illegal to obstruct. Our local police force apply a "double buggy rule" - if there isn't enough room to get a double buggy past, then the car is obstructing the pavement, which is an offence. However, it doesn't give anyone the right to damage the car as they try to struggle through.

itstimeforanamechange · 18/03/2018 17:10

The car was parked on the pavement?

Absolutely not. Pavements are for pedestrians, not cars.

And even though parking on pavements per se is not illegal in most areas of the country, as someone pointed out above, it IS illegal to drive on pavements.

Do not pay. They can claim on their insurance, explain their selfish stupidity in blocking the pavement, and suck up any increases in premium.

Does anyone really think a court would rule in an insurer's favour against a 3 year old?

Nicknacky · 18/03/2018 17:11

titty I was thrown by the word “report”. That’s true about his insurer right enough.

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