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?!!

[TittyGolightly]

I don't think the owner of the car would win this case if it went to court

They would absolutely win a civil claim and be awarded their costs. They have a written confession!

[itstimeforanamechange]

Just out of interest, those of you saying the OP should pay, would you say she should pay if the child had collided with a cyclist on the pavement and damaged their bike?

If not:

Why is it ok for a driver to disregard the Highway Code, but not a cyclist?

This and the cycling on the pavements thread illustrate just how entrenched the cult of the car is in the UK. It's so sad.

[Avasarala]

@Nicknacky

Again, not who is at fault.

The question you ask is "is it legal to block the majority of the pavement with a parked car". If they say it is, then OP can go to the owner and ask if he'd split the bill since he's partly to blame.

So again, learn to read. You're not asking the police to decide who is at fault - your asking them the legality of the parked car and that is question a local officer would happily answer. At least, they do is small towns like mine.

[soulrider]

A wobbly 3 year old on a bike could easily damage a car even if the driver had parked without causing an obstruction.

[itstimeforanamechange]

As for the actual damage, I suspect they could get a mobile technician like Chips Away. I paid around £230 a couple of years ago to get some self-inflicted scratches mended. I certainly wasn't going to bother with a respray.

They would absolutely win a civil claim and be awarded their costs. They have a written confession!

They have a confession that a 3 year old did the damage. Anyway even if we accept (which I don't) that the OP should pay, you have a duty to mitigate your loss. Which does not mean going to a main dealer and having expensive resprays costing £000s when a £250 chips away job will do.

[Nicknacky]

What are you misunderstanding? They will pass no comment on fault as it is not a police matter. They aren’t there to referee between two parties.

Maybe take a wild guess how I know this?

[ChocolateWombat]

This isn't just about rights and legality is it. It's about doing the right thing too - Op wants to do the right thing.

In the end,Mae can only be responsible for doing the right (or wrong thing) ourselves. OP has owned up to son causing damage - right thing, she can now appeal to better nature of owner to get it fixed as cheaply as possible - but only the owner can choose if to do the right thing here or not.

Yes she could have pretended it never happened, or could now refuse to pay because of parking.....but she is taking responsibility for damage her son has done. It's the right thing to do, however galling to face a bill.

Sadly, I think lots on here would have nipped off without leaving a note regardless of whether the car had been parked on the pavement or not.

Op, keep doing the right thing.

[Iamagreyhoundhearmeroar]

What are you talking about, timeforanamechange; "duty of care" to whom and by whom?
The adult in charge of the bike riding three year old let him zoom on ahead out of sight around a corner and he caused considerable damage to a car.
Stop advising op that the car owner has literally no case against her, you sound like a self serving dick.
Of course they have a case and op herself has admitted it.

[Strictly1]

Pleased the OP is taking responsibility and doing the right thing.

[BakedBeans47]

Although even for just a scratch I suspect the costs may be steep. I put a tiny scratch a few mm long on the bumper of a brand new Audi (also crapppily parked incidentally) reversing my car out my drive a couple of years ago and it was £400 to fix. I admitted liability and just passed it to my insurers to pay.

[CuriousaboutSamphire]

I think lots on here would have nipped off without leaving a note regardless of whether the car had been parked on the pavement or not. There are a few that read like that, aren't there? I couldn't, especially with a neighbour.

But I do think that OP is being a bit too willing to admit 100% liability and that a bit of discussion about how careless or selfish parking can impact your neighbours could be a good thing for the driver if not his dad!

[emmabrown123]

Thank you @ChocolateWombat - sound advice!

[TittyGolightly]

a £250 chips away job will do.

On a brand new car?

[FlouncyDoves]

I’d have left a note
‘You car is scratched. Next time don’t block the pavement’

It really irks me when cars etc park blocking pavements and I come along with my buggy. I always have a go at getting through the gap. Scratches are a consequence of stupid/illegal parking. If I have to go into the road to get round then I make sure to walk tightly to the car’s side so I’m out of the way of traffic as much as possible. Again, scratches are an inevitable consequence of this.

I always feel for wheelchair users/blind people too. I can get down a higher curb with my buggy, but it’s dangerous/difficult for them to do so.

Some car drivers really are cunts.

[SarahMused]

Advice from my husband (police officer over 30 years) is not your fault. Shouldn’t have been parked on the pavement and let him claim on his own insurance.

[ChocolateWombat]

I think an actual conversation at this point would help.
You have both communicated by note/message. As you live nearby and presumably know who each other are, why not text and ask to pop round and discuss.

This can be a positive and constructive communication - sorry it has happened, the way the car was parked contributed to the situation, appreciate it needs repair, hope it can be sorted as cheaply as possible and friendly neighbourly relations maintained. Will be helping DC with scooting, hope they will think about where they park in future....

Chat can be a really good way to have positive communication and clarity without communication. Confirm anything agreed after by text or email.

To all the people saying run for the hills and refuse, sometimes we do have to admit when we have done something and take responsibility. Sometimes this is necessary, even if the other party are not wholly without fault. It's part of being a grown up in society.

[Avasarala]

@Nicknacky
I live in a very small, old town and quite a few people going around in wheelchairs or with buggies. If a car parks so far up on the pavement that the wheelchair user/buggy pusher can't get past and need to go onto the road, it can be dangerous. If our local police are around and see it, they will go chap and ask the car to be parked leaving enough space for pavement users (it usually people waiting outside of church or school so the driver is often in the car and they are told to shift it). I'm not sure if that's a legality thing or just officer being friendly, but if u were to ask then I'm sure they would clarify the law.

If expect every policeman in the country to clarify a law when asked. It's not about the situation - it's a simple question of what's legal and what's not. If you're an officer, I feel bad for your town.

[MixedHerbs]

IT depends on the depth of the scratch (I own a car spraying business), very minor ones can sometimes be polished out, but if it's back at the metal then they need new panels, primer, under, top and possibly lacquer coating depending on the paint. There are several levels in between but to get an imperceptible match a new panel will be needed.
However, if they are talking about a possible grand, then I would say you will only accept quotations from a random garage where both parties are present (he owner and yourself) at the inspection.

[Nicknacky]

Don't feel bad for my town. I'm busy dealing with crime not referring between adults who can't agree on an issue. I would not expect any police officer to decide on fault based on one persons version of events. That's not being open minded and not their role.

[Donotbequotingmeinbold]

A 3 year old damaged the car because it was on the pavement. If it were my car I would let it go. If you park on the pavement you are risking this type of thing. The pavement is for pedestrians. The road is for vehicles. Morally I don't think you should have to pay. You didn't do anything. Someone else obstructed the pavement your 3 year old was using. But as it is your neighbour's car it does complicate things. I'd ask him for a quote before the work is done.

[Avasarala]

@Nicknacky

Omg. Learn to read. Tell me where I said she should ask the police to decide on fault? I didn't. Anywhere.

Everyone on here is debating back and forth whether the driver was legally parked or not. If he parked illegally, then OP could maybe ask him about splitting the cost 50/50. That's for her to sort out once she knows if it was legal or not.

To find out if it is legal to obstruct the pavement by parking across a corner, you would ask your local officer. It's not about who is at fault - I personally thing they both are. And you're not asking the police to decide who is at fault - you ask an officer "just curious, but what's the law regarding parking on the pavement?". The other details don't matter - OP just needs a way to ask the owner to split the bill. That might be a possible way.

Another poster here who's husband has 30 years on the force has said the driver should not be parked there - that's all that matters.

The kid still hit the car, but with the drivers parking, he should split to cost.

[iheartmichellemallon]

I wouldn't pay - car shouldn't have been parked illegally.

[Thiscantreallybehappening]

OP, I have used Chips Away on a couple of occasions and they did a great job. There was absolutely no sign of the scratches after they had finished you would never have known they had been there.

I do think the owners of the car need to take some responsibility as the pavements are for pedestrians but if they are your neighbours and you would rather this didn't escalate then I would text them back and say you wouldn't be able to afford a respray from a garage but you would be happy to get Chips Away to quote.

[BleakBetty]

Illegally parked or not, your child damaged his property - and should’ve been on a cycle path if riding a bike, or on foot as a pedestrian if on the pavement.

Sorry, I think it’d be a massive dick move to refuse to pay, and I don’t think it’d stand up to be honest. I do agree to request several quotes or ask the neighbour’s opinion on a mobile service etc. though, especially in the circumstances.