To think if you damage someone's car you pay for it?

[butsecretly]

Was driving down a stretch of road which is narrow. Room for 2 cars at a slow pace...usually all fine. Was driving up the road and there was a other car coming so I slowed and made sure we could both pass...except there was someone on the pavement carrying 2 tables, one of which must have been jutting out into the road which then scratched my car. I heard the scrape beeper my horn to alert her and pulled over to look...sure enough scratched...so I went round the corner to find the woman and she told me it couldn't have been her and that even if it was she would accept no liability. She works at /owns a local business...she was incredibly rude and dismissive even when I went to get the car and drove it back round to show her.

Am stunned someone could be so awful...

About to phone insurers so guess I'm paying for it...whether directly or through increased premiums.

Aibu to think who the hell behaves like that?!

If someone damaged my car I would issue proceedings in the small claims court for the costs of repair using MCOL. I would do this after writing to them and giving them notice to pay. Im not saying id win but it would greatly inconvenience them and if they failed to turn up, you may get judgment against them. I you do,well game on :)

OP has zero proof this lady damaged her car and so far table lady is denying it, coupled with the fact that it is likely OP would be found at fault taking this to court would be a very very silly move

Its your fault op unless she suddenly swing the table into your path. However it could have been a person. Theres wasnt enough space to pass you wait!

Even if it was her fault, it's not that staggering surely that she won't admit liability, especially if there were no witnesses. Yes people can be shits. That's life and you just have to deal with it. while plotting your dastardly revenge .

OP has zero proof this lady damaged her car and so far table lady is denying it, coupled with the fact that it is likely OP would be found at fault taking this to court would be a very very silly move

Well i havent read the whole thread and i agree it sounds a bit tenuous.

I won a similar case where someone denied damaging a car. I waved the MCOL wand and they folded. I think the cost was about £1200

YANBU

She damaged your property and should pay for it.

What is the probability that a car driving at (I am guessing) 20 miles an hour passing a pedestrian carrying 2 tables had the ability, desire, motive & time to deliberately swing said tables out to strike the back of the car as it passed.

A judge would laugh this out of court.

That’s a bit of an oversimplification. Pedestrians always have the right of way, wherever they are.

Rubbish. A pedestrian has no right to step out in traffic and have an expectation of a right of way or indeed that cars will stop (pedestrian crossing excepted). Motorists have an obligation to be aware of their surroundings and drive to the conditions, but that does not extend to a carte Blanche pedestrian right of way which would be incredibly dangerous to other road users. Is a motorist expected to swerve into oncoming traffic to avoid hitting a pedestrian who has an apparent right of way according to you?

I can't quite envisage the scenario, but would like to think the average pedastrian would have the decency to be at least slightly mindful of cars on the road right next to them. I know in driving lessons I was taught the importance (which I completely agree with) of giving way to the pedestrian and obviously being particularly mindful of young children who don't have a developed sense of road sense.

Having said that, I've just this evening encountered a little scrote deliberatley try to push a trolley at the front of my car in a supermarket car park and miss it by centimeters. Obviously I was aware of teenanger and bike, so slowed down to give him space and let him pass. However, I don't think I could have reasonably been expected to forsee the malicious attempt at criminal damage. I mean no person in their right mind thinks this is reasonable behaviour surely? I can't imagine he would have offered to pay for any damage to my car somehow!

Were you actually looking where you were driving. Mars responsibility to be aware of pedestrians tables or no tables, what off that was a baby in a pram that was ' just jutting out '

Sorry car's responsibility. Poor mars blamed again

starzig - would you actually drive with a 'baby jutting out into the road' though? Surely you would think an adult who travelled around with their baby a bit in the road was more than a little negligent?

You could have stopped. If there's enough room for two cars providing there is no obstruction in the road or anything sticking out from the pavement you can move along the road if not you stop.

So do we not teach the green cross code any more? Would you reasonably expect an adult to put a table across a public highway? I know I wouldn't because most mature adults possess a basic level of self awareness. It's much akin to the assholes who will drive into you and dint your car in a carpark and not exchange details, leaving you to foot the bill on the repair job.

Chips away got rid of a huge gouge in hubbys car, he was distraught - brand new car, had it 24 hours and someone deliberately gouged it.

If you are walking along a pavement as a pedestrian and your walking next to a road with moving cars, and you are carrying something (a table, curtain pole, golf club Gareth Southgate lengthwise) and this item is hanging over the kerb and protruding into the road, if it hits a car then surely that's the pedestrian's fault.

You can't carry items that protrude into the road or any weirdo could just stand and hold out planks of wood into the road whacking cars and say "not my fault".

Op YANBU

YANBU. Other people have massively misinterpreted your post. In fact I would guess some of them have done it on purpose.

Other people have massively misinterpreted your post.

Or they simply have a different opinion.

If I damaged something I'd pay for it, and also be mortified that it happened
So will you he offering to.pay for any damage to her table?

BTW was she very muscly like Popeye? She must be awful strong to be able to swing two metal tables around whilst walking.

* ...and this item is hanging over the kerb and protruding into the road, if it hits a car then surely that's the pedestrian's fault.*

I would say it is the drivers fault for not noticing a hazard. If someone is carrying a large object they a) may not have full control over it and b) may not be able to see round it properly.

OP was driving and saw that the road was two narrow for two cars and saw a lady struggling carrying a large object on the pavement. Why attempt to squeeze past both the car and the lady at the same time? Either stop and allow both to pass safely (adding maybe 20 seconds to your journey) or slow down to allow the car to pass, then pass the lady with a decent amount of room!

Squeezing yourself in between two hazards is an accident waiting to happen. OP should have stopped and waited until it was safe to pass.

@adaline

Ran this past a few people, and they agree with you! I'm like but but but as it seems so clear to me that it's the pedestrian's fault.

Is this the equivalent of the blue/black or cream/gold dress?

Possibly @Sunflowersforever !

For me at least, the driver is responsible because they are in charge of a car and the car is much more dangerous. Drivers have to be aware of potential hazards and avoid them - it's part of the theory test!

If I was driving and there was a narrow gap to squeeze through and someone was near the edge of the pavement with a heavy object, I certainly wouldn't try and get past both hazards at once.

I agree with adaline, driver has the responsibility to risk assess and not just ask themselves if they have the right to proceed which, technically, perhaps you did OP, but if it's safe to proceed. IE do you want to be right or do you want to be happy? If you would have waited for the other car to pass to give yourself room to swing out a little away from the kerb given the proximity to the kerbside of a person carrying something big and awkward you wouldn't now have a damaged car.

The car driver is at fault.

It is up to the driver to proceed only if the road is clear. It wasn't. The OP should have stopped, allowed the oncoming car to proceed and then pulled out passing the obstruction (table leg) safely.