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Child damaged a car, do I have to pay for owners preferred garage?

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  • 24-09-2014 6:08pm
    #1
    Registered Users Posts: 193 ✭✭


    My child damaged a neighbours car, we've offered to cover the damage, but I'm wondering are we obliged to pay for the garage of their choosing? Or can I get a quote from another garage and cover that price, with them covering the extra if they insist on using their preferred dealer?
    Thanks


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Comments

  • Closed Accounts Posts: 4,791 ✭✭✭ash23


    My child damaged a neighbours car, we've offered to cover the damage, but I'm wondering are we obliged to pay for the garage of their choosing? Or can I get a quote from another garage and cover that price, with them covering the extra if they insist on using their preferred dealer?
    Thanks

    You can ask them if they would consider getting a few quotes but if they want to use their garage or main dealer then they can.


  • Registered Users Posts: 193 ✭✭Geordie_Girl


    ash23 wrote: »
    You can ask them if they would consider getting a few quotes but if they want to use their garage or main dealer then they can.

    Obviously they can go where they want, but am I obliged to pay for their choice or just for the damage?


  • Registered Users Posts: 848 ✭✭✭ravima


    cleanest way is to let them pick their own repairer. If you insist on yours, then it might be never ending!

    By the way, have you household insurance? You may have family liability cover that might (subject to terms and conditions) pick up the tab?


  • Closed Accounts Posts: 4,791 ✭✭✭ash23


    Obviously they can go where they want, but am I obliged to pay for their choice or just for the damage?


    They have the right to go to the garage of their choice to have the damage repaired and you are responsible for the bill even if you can get a cheaper quote elsewhere.

    My advice would be to chalk it up and not cause a dispute over it. Your child damaged their property and they have the right to choose how that damage is repaired and who with. If you get into disputing it you might also end up with car hire costs or similar.


  • Registered Users Posts: 6,323 ✭✭✭alias no.9


    Might be worth your while hiring an assessor, depending on the cost, let the car owner pick the garage but have the assessor negotiate the price


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  • Registered Users Posts: 69,056 ✭✭✭✭L1011


    alias no.9 wrote: »
    Might be worth your while hiring an assessor, let the car owner pick the garage but have the assessor negotiate the price

    Unless its something significantly more than a broken window or a scratch for a bike, this is going to cost FAR more than you could save.


  • Registered Users Posts: 193 ✭✭Geordie_Girl


    Thanks all, so just to be clear, is that the definite legal standpoint?


  • Registered Users Posts: 8,448 ✭✭✭cml387


    One thing to bear in mind is that a main dealer will probably go to a specialist repair shop anyway, and charge a percentage on top.
    If you can suggest a good reputation repair shop it might save a few bob.


  • Closed Accounts Posts: 4,791 ✭✭✭ash23


    Thanks all, so just to be clear, is that the definite legal standpoint?

    Yes it is. I've worked in insurance for years. If you are claiming and were at fault the company can choose to send you to a specific garage or get a cheaper quote.
    However if a third party who is blameless is claiming they can choose where they want to have their car repaired. They are the innocent party so the law is firmly on their side.


  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    OP, you have taken responcilbility for the damage as your child caused it, do you really want to also take responcilbility for the repair? If you have it done by a repairer of your choice rather than the owner's and the owner is unhappy with the result, then you will be paying even more.

    Your child damaged the car, the owner has a right to have it repaired to his satisfaction. From a "legal standpoint", do you really want to go down the road of having to deal with a disgruntled neighbour who is taking legal action to have a car repaired? Pay it and put it down to experience.


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  • Registered Users Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    Well they can't take the piss on it and have their brother do it for a 1,000 for a 50 job but if its a legitimate dealer charging market rates you can't protest too much.

    That said as far as I know they do have a responsibility to minimise their loss.


  • Registered Users Posts: 193 ✭✭Geordie_Girl



    That said as far as I know they do have a responsibility to minimise their loss.

    Is this definite? Or is it just what's said above?
    My quote from carcraft is half the cost of their quote.


  • Closed Accounts Posts: 4,791 ✭✭✭ash23


    Get them to show you the quote from the preferred garage. Perhaps best to pay the garage yourself.
    Also, draw up something for them to sign once you've paid up stating that it's full and final settlement for the damage.


  • Closed Accounts Posts: 4,791 ✭✭✭ash23


    Is this definite? Or is it just what's said above?
    My quote from carcraft is half the cost of their quote.

    Are they looking to go to a main dealer for their specific car?
    Is their car fairly new?

    There could be many reasons they'd prefer to use a specific garage. As far as I know they have that right once they can provide invoices, receipts etc.

    It's understandable that someone with a brand new audi for example, would want the car returned to its exact position pre scrape and would want that done by an audi dealer as opposed to a spray job from a general garage which might devalue the car.


  • Registered Users Posts: 193 ✭✭Geordie_Girl


    It is a new car, it has a scratch on one wing. I totally understand that it's our fault, that's why we've offered to pay.

    Does it matter that the car was parked illegally (and still is)?


  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    It is a new car, it has a scratch on one wing. I totally understand that it's our fault, that's why we've offered to pay.

    Does it matter that the car was parked illegally (and still is)?

    If it's a new car, they probably contacted the dealer. No it doesn't matter where it was parked, your daughter damaged it. I can only imagine how annoyed they are that their new car is scratched through no fault of their own.


  • Registered Users Posts: 7,786 ✭✭✭slimjimmc


    It is a new car, it has a scratch on one wing. I totally understand that it's our fault, that's why we've offered to pay.

    Does it matter that the car was parked illegally (and still is)?
    Not one jot.


  • Registered Users Posts: 193 ✭✭Geordie_Girl


    davo10 wrote: »
    If it's a new car, they probably contacted the dealer. No it doesn't matter where it was parked, your daughter damaged it. I can only imagine how annoyed they are that their new car is scratched through no fault of their own.

    Son ;)


  • Registered Users Posts: 11,907 ✭✭✭✭Kristopherus


    It is a new car, it has a scratch on one wing. I totally understand that it's our fault, that's why we've offered to pay.

    Does it matter that the car was parked illegally (and still is)?

    Op, why do I get the impression that you are looking for someone to agree with your pov, and not take the advice of the good people who have posted here:confused:?


  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    Son ;)

    Child, your child, your responcilbility.


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  • Registered Users Posts: 193 ✭✭Geordie_Girl


    Op, why do I get the impression that you are looking for someone to agree with your pov, and not taje the advice of the good people who have posted here:confused:?

    Nope, not at all. I'm just asking. I have taken the advice, and as I've stated twice, we offered to pay.


  • Registered Users Posts: 1,179 ✭✭✭salamanca22


    When someone damages another's property it is the prerogative of the person whose property has been damaged to have the property replaced or repaired to the same standard as it was before the damage was caused.

    In this case that would mean a trip to the main dealer to install new parts in place of the damaged ones or to have them repaired to the standard a new part would be. In this case to be resprayed if it was just a paint scratch. The whole panel will need to be repainted.


  • Registered Users Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    Is this definite? Or is it just what's said above?
    My quote from carcraft is half the cost of their quote.

    I'm no lawyer but I did some law while studying business so do not take this as legal advice. There is definitely some sort of responsibility to minimise their loss.

    I think the deciding factor is whether it is reasonable for them to go with their quote over your quote.

    Is it the main brand dealer? Is thee a difference in the quality of care? Is the actual service different, is your guy painting a scratched door while their guy is giving them a new door?


  • Registered Users Posts: 193 ✭✭Geordie_Girl


    Thanks everyone.


  • Registered Users Posts: 11,907 ✭✭✭✭Kristopherus


    I'm no lawyer but I did some law while studying business so do not take this as legal advice. There is definitely some sort of responsibility to minimise their loss.

    I think the deciding factor is whether it is reasonable for them to go with their quote over your quote.

    Is it the main brand dealer? Is thee a difference in the quality of care? Is the actual service different, is your guy painting a scratched door while their guy is giving them a new door?

    Its a new car, so may very well be still in its first year. If thats the case, then Main Dealer may be the only option. Whats the status of the guarantee if a third party carries out repairs?


  • Closed Accounts Posts: 6,925 ✭✭✭RainyDay


    Nope, not at all. I'm just asking. I have taken the advice, and as I've stated twice, we offered to pay.
    If it was your car, would you want control over who does the repair?


  • Registered Users Posts: 22,312 ✭✭✭✭endacl


    Fair play to you for paying, op. A neighbours kid knocked my wing mirror off in May. She agreed to pay. I spent a couple of days finding the lowest quote possible, and had it done. No sign of any payment yet. Plenty of excuses. "I didn't think it would cost that much", "we're going on holidays next week", "the kids are just back to school". All just sneaky ways of saying "I'm not paying for my child's damage, because I don't want to". Who only agreed to pay because she saw the damage occur and another neighbour saw her watch.

    I'd hope, in the spirit of neighbourliness, they'd get it done as cheaply as possible without cutting corners. That's what I did.

    Feck it. I paid for a wing mirror. Maybe I should just take hers...


  • Closed Accounts Posts: 509 ✭✭✭Kelly06


    If it's a brand new car then it's under warranty. Your repairer could invalidate their warranty.

    Also have you thought that if you do get it repaired in your repairer and they are not happy with the standard of work done that you could be on the hook with a second repair. A new car costs a fortune, I wouldn't let anyone but a main dealer repair so as not to devalue it


  • Registered Users Posts: 451 ✭✭TheZ


    Unless you directed it or can be said to have not exercised proper control over kids and were negligent in that respect you are not legally responsible. From a neighbour perspective I would probably pay but I would expect neighbourliness gesture to be reciprocated


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  • Closed Accounts Posts: 509 ✭✭✭Kelly06


    endacl wrote: »
    Fair play to you for paying, op. A neighbours kid knocked my wing mirror off in May. She agreed to pay. I spent a couple of days finding the lowest quote possible, and had it done. No sign of any payment yet. Plenty of excuses. "I didn't think it would cost that much", "we're going on holidays next week", "the kids are just back to school". All just sneaky ways of saying "I'm not paying for my child's damage, because I don't want to". Who only agreed to pay because she saw the damage occur and another neighbour saw her watch.

    I'd hope, in the spirit of neighbourliness, they'd get it done as cheaply as possible without cutting corners. That's what I did.

    Feck it. I paid for a wing mirror. Maybe I should just take hers...

    There's no way I would let her away with that ... If she can afford to go on a holiday she can afford to do the right thing.

    Ask her to pay in instalments. A couple of hundred quid on a wing mirror is cheap at the price for good relations with your neighbour in my opinion anyways! You never know when your going to need them!


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