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?!!

[Lovemusic33]

I f he was parked on the pavement then no way would I pay for the damage, cars don’t belong on pavements people do. Do the photos you took show where he was parked?

My car was scratched down 2 panels by another car, the repair bill was around £650 for respiratory and a new hubcap but my cars not an Audi.

I would refuse to pay on the grounds he was parked on a pedestrian area (pavement).

[Nicknacky]

So why speak to the police then? What's the point? Doesn't help her predicament.

And as for the poster whose husband had 30 years service.....if he passed judgment at work based on one parties version of events and not having seen the vehicles in situ, then I'm not sure he should be too proud of working in that manner. Gather evidence, evaluate it then come to an opinion.

[Furiosa]

OP why are you dealing with the car owners dad?

[HeresMe]

I wouldn't pay, if you read the OP report they say they rounded a corner, which says to me that not only was the car parked on the pavement but also on a junction which it totally shouldn't be.

[Jaxhog]

It's illegal to PARK on the pavement in London (and 1 other UK city) only, but illegal to DRIVE on the pavement everywhere else. Tell the driver you will be reporting him for this unless he drops the demand. We had a huge problem locally with people parking like this until we convinced the police that they could ticket people for doing it. Which they now do regularly to all cars blocking the pavement.

[Avasarala]

@Nicknacky

They all know where the car was parked and OP says he does it regularly. By asking that simple question she can
A) Find out that he's no allowed to park that way and try using it as leverage to get him to split 50/50
B) Find out he's allowed to park all over the pavement and then just pay the full thing.

This isn't a criminal investigation- it's a question of blame and the driver is placing it fully on OP. If she can say "well actually, it is illegal to block the pavement and this wouldn't have happened if your parked legally so let's go 50/50?", then the driver might agree and it saves her a few hundred. If he doesn't, then she can decide to pay or fight it without evidence. But, if you don't ask you don't get so she could give it a go and the guy might turn out to be fair.

[Thiscantreallybehappening]

I've thought about this a bit more and actually I think the owners of the car are being really cheeky. Like I said, the pavements are for pedestrians and they shouldn't have been parked on the pavement at all. You were using the pavement correctly they were not. I would take the advice of the policeman upthread and tell them to claim on their own insurance.

[soulrider]

If a car is parked illegally on double yellow lines and you scrape your car down the side of it, it doesn't mean you're not responsible for the damage. The same applies here. Irrespective of whether the car is parked illegally or not the responsibility to rectify the damage is down tot he OP

[Lotsofsausage]

Well I wouldn't pay unless I had a copy of the quote for the respray! you could ask them to get 3 quotes.

[AnnaleeP]

Go and see them. Explain the way the car was parked was contributory negligence and you'll pay half. A 3 year old should be able to cycle on a pavement without cars being in the way imo.

[nippysweetie82]

Surely to park on the pavement you would first need to drive on it? I wouldn't be paying if the car really was taking up the whole pavement. I would take legal advice first.
www.familiesonline.co.uk/local/south-lanarkshire/in-the-know/police-in-lanarkshire-uplift-vehicles-for-parking-on-the-pavement

[Avasarala]

I used to have a workshop in a really narrow lane (which people weren't meant to park on) but some twit had parked really close up to the building to try and get away with it without blocking the road to other traffic. I was inside, on the way out I opened my the door (it opened outwards) and it whacked right up on the car door, leaving a scratch/dent thing. It was a heavy metal door with a grate on the front. I left a note telling them not to be such an idiot with their parking along with my phone number (since it would be easy to find me in the workshop there was no point trying to hide). They came in later and apologised - accepted full responsibility.
If a car parks where pedestrians are meant to have space to travel and the car is in the way, it's really unfair to make the pedestrian pay the full cost.

[Grobagsforever]

Yes you absolutely don't pay! Illegally parked me THEY are liable. Man some ppl are cheeky. They can whistle for it

[bunbunny]

It's very cheeky of them to be saying that they will be getting it done without giving you an option of getting different quotes or finding out if your insurance will only accept certain garages...

[BuggerOffAndGoodDayToYou]

Tell him you are using your insurance and that they will need his insurance details to proceed. Give your insurance company the photos, they MAY then argue with his insurance as how liability will be apportioned.

[Autumnchill]

Similar but not the same. One of our lorries collided with a parked vehicle on double yellows. Lorry driver argued that they wouldn't have hit it if it hadn't been parked on double yellow. Didn't make a jot of difference to insurers. We were at fault for hitting a parked car regardless of them being parked illegally.

Ring your home insurance and get advice.

[Eliza9917]

I wouldn't have left a note with my details, damage is the risk the owner takes by parking on the pavement.

[Witchend]

Rounded a corner doesn't mean that it's a junction. Unless there's only Roman roads round you.

[Chattymummyhere]

Doesn’t matter if the car was parked legally or not you damage it and you are liable. The same as if people harm themselves by breaking into your house they can sue you.

[TittyGolightly]

Go and see them. Explain the way the car was parked was contributory negligence and you'll pay half. A 3 year old should be able to cycle on a pavement without cars being in the way imo.
Nope. Had the OP hit an illegally parked car with their car they would be fully liable. No difference here.

[CouldYouBeMorePacific]

I don't think you can compare an adult driving a car on the road to a child on a bike on a footpath.

Tell them to feel free to pursue your child with a civil claim. I doubt you'd have to pay full whack.

[WazzitCalled]

Tricky, he shouldn’t have been parked on the pavement but your son shouldn’t have been riding his bike out of control on the pavement either. 🤷🏻‍♀️
The problem with the car is that it could well be on some sort of lease ( PCH) that requires it to be which would leave the car 'owner' with less choice about how and where to get it repaired.
I’ll keep my fingers crossed that you have insurance for this. 🤞🏻

[needmorespace]

I'm not passing any judgement on who is more at fault etc but, there is no way on this earth I would settle for a man in a van or a non approved body shop touching my car to get a cheaper quote in order not to invalidate my paintwork warranties especially as the op said the car was new

[Rhodes2015again]

I had 2 panels completely re sprayed (it was only a little fiat 500) last year and it only cost £300.
That was with “chips away” who come to you and they did an amazing job. (Car was keyed, really deep long scratch)

But I wouldn’t pay anyway due to where he was parked. At the very most offer 50/50.

[Calvinlookingforhobbs]

You should absolutely pay. Your child damaged their property. The car was parked and could clearly be seen, it didn’t pop out of no where. Your DH needs to keep up with your D.C.