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?!!

It seems my house insurance might cover it. I have public liability insurance with it (is that what I need?!)

It would be just nice to get some acknowledgement that maybe the rubbishness of their parking was partially to blame. It wasn't just two wheels on the pavement, it was over a corner and totally blocking the pavement.

On another note - I literally had no idea he shouldn't be riding his bike on the pavement. Does that go for scooters as well?!

Where does it say he was blocking the pavement? There are pavements on the Main Roads here that you could fit four wheels of a car on and still be able to get a pushchair/wheelchair past without the slightest difficulty

God there's a lot of misinformation on this thread.

even if the car was illegally parked - which it was unlikely to be, if it wasn't in London, and even if the car was deemed to be causing an obstruction and therefore could be charged - it does not give the right to damage the vehicle trying to get past. So it just means the driver would have had some costs too; separate to the ones from the OP.

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

They would sue the ADULT supervising the 3 year old.

What if your son had rounded the corner and rode straight into an elderly pedestrian walking on the pavement, leaving him with broken bones or other injuries?

I think this is just an expensive lesson to supervise your child closely when out and about.

You can sit and say that parents aren't liable for their child's actions or that he's under the age of criminal responsibility and refuse to pay, but parents have been found responsible in the past and it would cost you more if you fight it.

Maybe a wee call to your local police station will clear up who is most at fault- your child or the driver for being parked over the majority of the pavement. Then go from there.

In some places there is no choice but to park on the pavements

There is always a choice, like parking somewhere else.

It is not ok to block pavements for pedestrians.

There is a great video doing the rounds on Twitter from Germany where a cyclist parks their bike in the middle of the road with a sign saying they've just popped to the bakery and how the police get all upset about it, but do nothing about the cars blocking the pavements and cycle lanes.

The arrogance of car drivers is quite amazing at times.

Parked on the pavement. I wouldn’t be paying for that. Wouldn’t have happened if the car had been parked on the road.

As it’s a neighbour I’d consider talking it through politely with the owner and possibly the owner’s dad (depends which one is your neighbour), and in the interest of neighbourly relations offer to pay half or what you consider is a reasonable amount.

For example, if the owner is taking it to Audi to get resprayed it will cost a lot more than an independent body repairers. So I’d find a local one, get a quote and offer to pay half of that. If they give you any shit then remove your offer and see them in the small claims court.

Are we talking hundreds or thousands for a respray

It depends. Someone did exactly the same to my micra. Scratched 2 panels with a bike. Because my car was old the paint was no longer available. It would have cost £700 plus VAT to get the panels resprayed with the paint mixed to match.

As the value of the car was only £500 we decided not to do it and we have a large scratch thats now badly patched up with as close a colour as we could get.

However with a brand new Audi the colour should easily be obtained for a respray. And you will probably need a respray as the surrounding area will need to be removed and then repainted. Without doing it then the value of the car could drop by thousands.

They would sue the ADULT supervising the 3 year old

I do realise that but the damage was caused by the 3 year old because an adult left their car where they shouldn't.

Adult versus 3 year old. Hmmmm. I wonder who the court would imply a greater duty of care towards?

OP please do not pay. They literally have no case against you.

I was waiting for someone to suggest the police. Ffs they arent going to tell the op to pay or not.

Who said he can be riding on the pavement?
He can ride on the pavement - under 10, they are below the responsible age and can totally ride on the pavement.

You have to pay, and people who wouldn't pay and think the driver deserved it are cunts. You can't just let your toddler scratch a car and fuck off cause you think you're right.

If it was my brand new Audi I would be very upset and ask you to pay for it to be put right. Certainly not half of what you see reasonable.

Is it actually illegal to be parked on a pavement though? I tried googling it but couldn't find much info!

Well, to park on the pavement you have to have driven on the pavement which is an offence.

I’d tell him to fucking whistle. Chancer.

@Nicknacky
Everyone is debating the legalities of where he was parked - that's the exact sort of question you would ask your local station. Not 999 - just ask the local one.

They can tell you if he was illegally parked or not. Then OP can decide where to go from there.

I did not say the police can tell her who should pay - but they can clear up the legality of the parking. Read properly next time.

Blaake - I have said from the beginning that I am going to pay! I would never allow my child to damage something and not cover the cost.

There is always a choice, like parking somewhere else.

Where I grew up we were told by the local police officer to park on the pavement, otherwise lorries couldn’t get past. Residents on the other side of the road had to park in the road, leaving a pavement clear for pedestrians. It’s still the rule 40 years on.

On a corner? As in within 10m?

Then that is 2 HC regs the driver has chosen to ignore. Yes, neither of them are laws, but they are HC regs for a reason.

Send his dad your pictures and suggest that his son thinks about his own culpability in damaging his car.

At most, as they are neighbours, I would offer 50% and suggest the dad tells his son that he can find the other half, and learn a valuable lesson! Your DS does at least have an excuse, he is still a child!

avasarala It is a civil matter and they will say fuck all about it. Zero point talking the the police even if it is on the beloved 101. They will not decide who is at fault.

I do realise that but the damage was caused by the 3 year old because an adult left their car where they shouldn't.

Could have happened wherever the child was parked. He needs closer supervision (or taking to the nearest designated cycle path).

He should claim through his insurance for the damage. I don't think the owner of the car would win this case if it went to court. If there wasn't enough room for people to pass comfortably then the car was improperly parked even if it wasn't illegally parked. And I'd say it was.

Wow. There’s no way I would have left a note and no way I would be paying for this. How inconsiderate to be parked across the pavement!! To be honest I think the car got what it deserved for blocking pedestrian access - what if a wheelchair, double buggy or mobility scooter user had needed to get past - sounds like they would have been forced into the road.

In the interest of goodwill, I would look to have some communication about this. You have already given your details so they know you did it.

I would email or text saying that you acknowledge your child caused the damage, but would also like to point out that the car was parked in the pavement blocking part of the path, which is illegal. Say you would like to hear and see the quotes which have been received and once you see them, you will be able to consider next steps. Say you might also want to get your own quotes. Be clear that you will not appreciate being presented with a bill for a job already done before they have shown and discussed the quotes with you. Offer to come round to chat if helpful. Be friendly but firm in tone. Also say that you are sure they appreciate your honesty, especially in light of the illegal parking, so hope that now they are looking into getting the job done as cheaply as possible.

Here you are communicating but also indicating that you are not agreeing to pay an unspecified amount before you have seen it. Send this immediately so they are very clear.

What did you say in the note which you left for them?

You are right that you are going to have to pay. You have gone beyond pretending it never happened. Negotiation about the full price maybe possible or about who does the work.

Although it's galling with them on the pavement, you can rest assured that by communicating with them, you did the right thing. You just have to make clear now that you hope they do the right thing too and try to get it sorted as cheaply as possible. Keep everything in writing and if you have any chats,mfollow up with confirmation texts or emails.

They would sue the ADULT supervising the 3 year old.

They would have to prove the adult was negligent though. I’m not sure that’s necessarily a given in these circs.

I'm not debating whether it was illegal where he parked. As far as I'm concerned it wasn't, but it was inconsiderate.

Hopefully my house insurance will cover it and I can have a polite word about where they park in the future