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

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2

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    #32
    Johngoose
    Closed Accounts Posts: 1,066 ✭✭✭Johngoose


    You are better off leaving them pick the garage and say nothing. Might cost a little more than you would like, but better off keeping on their good side. It was your child's fault after all, even though it was innocent I'm sure.


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    #33
    alias no.9
    Registered Users Posts: 6,323 ✭✭✭alias no.9


    Kelly06 wrote: »
    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

    This is bollox provided the repairer uses original parts and is a competent professional. Main dealers rarely if ever do bodywork, it's almost always contracted out to a specialist bodyshop.


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    #34
    GrumpyMe
    Registered Users Posts: 1,195 ✭✭✭GrumpyMe


    The owner of the damaged car is entitled to be compensated for the damage.
    They are under no obligation to have the vehicle repaired and you would have no right to insist that they did have it repaired.


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    #35
    Kelly06
    Closed Accounts Posts: 509 ✭✭✭Kelly06


    alias no.9 wrote: »
    This is bollox provided the repairer uses original parts and is a competent professional. Main dealers rarely if ever do bodywork, it's almost always contracted out to a specialist bodyshop.

    Thing being, if you bring your new car to a main dealer your fix is guaranteed. If your not happy with it you can go back. You don't really get that kind of customer service with a local garage. I know this because I have a friend who is fairly high up in after sales for one of the main car manufactures . If paint is badly applied it can be noticible, Lauquer can peel etc.

    I'm only saying this because the car is new. It could be a micra or an expensive Audi who knows the op didn't say. I drive a 06 and I wouldn't bring my car to the main dealer for repair if the neighbour damaged it. With a new car it really is a different story. I do think the op is being a very decent neighbour in offering to pay though , I'm sure a lot of people would try to duck out of it. So fair play to them!


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    #36
    ytpe2r5bxkn0c1
    Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    alias no.9 wrote: »
    This is bollox provided the repairer uses original parts and is a competent professional. Main dealers rarely if ever do bodywork, it's almost always contracted out to a specialist bodyshop.
    Tosh! I change my car every 2 years and I can assure you if there was a scratch to be repaired it would be sent via the main dealer. I value my warranty and my trade in value. If it is a new car the owner is entitled to, and should expect, that the repair is done by a company with the full confidence of the main dealer. The fact that it is a new car changes the dynamics of the case considerably.


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    #37
    alias no.9
    Registered Users Posts: 6,323 ✭✭✭alias no.9


    Kelly06 wrote: »
    Thing being, if you bring your new car to a main dealer your fix is guaranteed. If your not happy with it you can go back. You don't really get that kind of customer service with a local garage. I know this because I have a friend who is fairly high up in after sales for one of the main car manufactures . If paint is badly applied it can be noticible, Lauquer can peel etc.

    I'm only saying this because the car is new. It could be a micra or an expensive Audi who knows the op didn't say. I drive a 06 and I wouldn't bring my car to the main dealer for repair if the neighbour damaged it. With a new car it really is a different story. I do think the op is being a very decent neighbour in offering to pay though , I'm sure a lot of people would try to duck out of it. So fair play to them!

    Its easy enough to find out where the main dealers send cars for repairs or even the ones that are authorised agents for the major insurance companies (often the same places), these guys will stand over their work.


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    #38
    endacl
    Registered Users Posts: 22,312 ✭✭✭✭endacl


    Kelly06 wrote: »
    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!

    She's a single parent, d'ye see. Holidays are important. :rolleyes:

    In fairness, I know she's hard up for cash. If she'd just knock on the door and explain she's broke and offer any sum, I'd probably appreciate the gesture and let it go. It's the constant chasing that leaves you feeling like a bit of a gobshyte.


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    #39
    RainyDay
    Closed Accounts Posts: 6,925 ✭✭✭RainyDay


    Geordie_Girl wrote: »

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

    I wouldn't be so quick to dismiss the illegal parking issue. If the illegal parking was a contributory factor to the damage occurring, then there might be some shared liability on the car owner.


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    #40
    endacl
    Registered Users Posts: 22,312 ✭✭✭✭endacl


    RainyDay wrote: »
    I wouldn't be so quick to dismiss the illegal parking issue. If the illegal parking was a contributory factor to the damage occurring, then there might be some shared liability on the car owner.

    How?


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    #41
    my3cents
    Closed Accounts Posts: 9,764 ✭✭✭my3cents


    endacl wrote: »
    How?

    If it was parked across the OP's drive and the kid didn't have enough room to push a bike in.


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    #42
    Savage93
    Registered Users Posts: 514 ✭✭✭Savage93


    Geordie_Girl wrote: »
    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

    Man the <SNIP>,up and take responsibility for your child's damage, if he wants it repaired on the moon you pay:mad::mad::mad::mad:


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    #43
    Geordie_Girl
    Registered Users Posts: 193 ✭✭Geordie_Girl


    Savage93 wrote: »
    Man the <SNIP> up and take responsibility for your child's damage, if he wants it repaired on the moon you pay:mad::mad::mad::mad:

    <SNIP> What part of WE'VE OFFERED TO PAY involves me not taking responsibility? <SNIP>

    Thanks everyone else for your help and advice, you've helped a lot, brought up a few points I hadn't thought of.


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    #44
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Geordie_Girl wrote: »
    <SNIP> What part of WE'VE OFFERED TO PAY involves me not taking responsibility? <SNIP>

    Thanks everyone else for your help and advice, you've helped a lot, brought up a few points I hadn't thought of.

    To be fair, you offered to pay, but you want to do it on your terms, you asked for opinions on the "legal standing" of having to pay and you are seeking advice on whether you have to pay at all given that you think the car was parked illegally. It looks like you want to keep posting here until someone tells you that you don't have to pay at all/you don't have to pay to have it repaired by a main dealer.


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    #45
    Geordie_Girl
    Registered Users Posts: 193 ✭✭Geordie_Girl


    davo10 wrote: »
    To be fair, you offered to pay, but on your terms, asked for opinions on the "legal standing" of having to pay and you are seeking advice of if you have to pay at all given that you think the car was parked illegally. It looks like you want to keep posting until someone tells you, you don't have to pay/you don't have to pay to have it repaired by a main dealer.
    I haven't posted for 3 hours, and yet I'm just gonna keep posting until someone gives me the answer I want? That's not how that works.

    I'm done, thanks most of you for your advice, you have helped me to realise some things I hadn't considered (as I just said).

    No thanks to the couple of you who are just being <SNIP>.


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    #46
    michael999999
    Banned (with Prison Access) Posts: 7,771 ✭✭✭michael999999


    RainyDay wrote: »
    I wouldn't be so quick to dismiss the illegal parking issue. If the illegal parking was a contributory factor to the damage occurring, then there might be some shared liability on the car owner.

    Nope. I went into the back of a car that was parked half way up on the kerb on double yellows. Was still 100% my fault. At least that's what the guard told me.


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    #47
    Duiske
    Registered Users Posts: 3,087 ✭✭✭Duiske


    Savage93 wrote: »
    Man the <SNIP> up and take responsibility for your child's damage, if he wants it repaired on the moon you pay:mad::mad::mad::mad:

    She appears to be taking responsibility. And op, if the guy changes his mind again and decides he wants the repair done on the moon, remember that you still only have to pay for the actual repair, and not transport of the car to the lunar surface.


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    #48
    bucketybuck
    Registered Users Posts: 18,488 ✭✭✭✭bucketybuck


    Kristopherus wrote: »
    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?

    I've been processing warranty claims for multiple brands and dealers for nearly ten years now, and a repaired/replaced panel will have no impact whatsoever on warranty relating to mechanical faults. Its a bit of a myth that dealers will try to reject warranty claims, we want these repairs to be warranty, its money for our workshop after all. So if you have a problem with a fuel pump we won't give a damn if a wing has been replaced.

    Paint and corrosion warranty is a different matter. Again, we don't want to reject the claim but there are photos to be taken and authorisation to be obtained before the work can be done. If you want to claim for faded paint on a particular panel and it is obvious that the panel has been resprayed previously then yes, your warranty claim will be rejected. The warranty for the whole car won't be invalidated though, thats just another myth, all that happens is that we won't pay for this particular claim.

    If you have a new car and you need to replace a wing, then my advice is to stop worrying about the warranty, replacing that wing at a bodyshop will not mean you lose all warranty on the car. Not to mention, bodyshop repairs will only affect paint/corrosion claims anyway and those types of claim are very much in the minority.
    Kelly06 wrote: »
    If it's a brand new car then it's under warranty. Your repairer could invalidate their warranty.

    It doesn't work like that. See above.


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    #49
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    Posters - let's refrain from legal advice here, none of us can offer that on professional capacity on a Boards

    As always, attack the post, not the poster. Please be civil to each other. And watch the language

    dudara


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    #50
    Miaireland
    Registered Users Posts: 4,065 ✭✭✭Miaireland


    I am not sure if this is what you to hear or not.

    A similar thing happened to my Dad with his car being damaged by a neighbours teenager. My father always went to the dealer he bought the car from (however they do their own work onsite - very big business). HE got a quote from that dealer. The neighbours asked could they get a quote from elsewhere. It was cheaper by a good bit but the paint (his car was a revolting colour at the time) would be slightly different from the dealership( they did not supply that colour to other places) and the dealership advised that it would affect the re-sale value of the car if it was done elsewhere. The neighbours agreed to pay for the job at the dealership when they heard this.My father wouldn't have persued this but did want his car repaired by the place he always got the car repaired.

    If I were you I would just pay the quoted that they gave you. You can leave yourself open to trouble long term by going the other route.


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    #51
    RainyDay
    Closed Accounts Posts: 6,925 ✭✭✭RainyDay


    michael999999 wrote: »
    Nope. I went into the back of a car that was parked half way up on the kerb on double yellows. Was still 100% my fault. At least that's what the guard told me.

    Gardai don't get to decide matters of civil liability. Gardai deal with criminal matters, not civil. The question of who is liable for the cost of damage caused has nothing to do with the Gardai.


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    #52
    ebbsy
    Registered Users Posts: 6,908 ✭✭✭ebbsy


    I park my car outside where I know it could get hit by a ball. It is my problem.

    Car parked in a dodgy spot ? Tough crap. OP should just walk away.


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    #53
    ytpe2r5bxkn0c1
    Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    ebbsy wrote: »
    I park my car outside where I know it could get hit by a ball. It is my problem.

    Car parked in a dodgy spot ? Tough crap. OP should just walk away.

    Firstly you have no idea if the car was in a spot likely to result in damage. Secondly, damage was done to private property so the owner has every right to seek redress. And redress that restores a new car to it's original state. Walking away from responsibly, that has been acknowledged, is not the answer to things in this life.


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    #54
    rubadub
    Registered Users Posts: 32,382 ✭✭✭✭rubadub


    ash23 wrote: »
    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.
    In which case I always wondered about this possible situation below.
    CIARAN_BOYLE wrote: »
    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.

    Can you legally stop them "taking the piss".

    I was asking this about a similar enough situation where someone could take advantage, private clampers, there was talk of introducting limitation on how much they could fine, dunno if it was passed into law or whatever. But it seemed to be they could clamp a ferrari & want a €10,000 release fee.


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    #55
    ScottysPal
    Closed Accounts Posts: 12 ✭ScottysPal


    TheZ wrote: »
    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.
    i doubt that is true and if they damaged a car they are by definition not properly controlled. Garda told my friend it would be criminal damage and parents responsible if his car was damaged by kids


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    #56
    RainyDay
    Closed Accounts Posts: 6,925 ✭✭✭RainyDay


    Kamden Broad Stand-in wrote: »
    Firstly you have no idea if the car was in a spot likely to result in damage.
    And you have no idea if the car was in a spot likely to result in damage.


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    #57
    Kelly06
    Closed Accounts Posts: 509 ✭✭✭Kelly06


    endacl wrote: »
    She's a single parent, d'ye see. Holidays are important. :rolleyes:

    In fairness, I know she's hard up for cash. If she'd just knock on the door and explain she's broke and offer any sum, I'd probably appreciate the gesture and let it go. It's the constant chasing that leaves you feeling like a bit of a gobshyte.

    Ram that!!! she'll be on her lolly days again next year and you will have forked out for her child's mistake. Ask for a tenner a week and collect it regularly !


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    #58
    ytpe2r5bxkn0c1
    Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    RainyDay wrote: »
    And you have no idea if the car was in a spot likely to result in damage.
    The fundamental difference being, I did not suggest it may have been. Strange logic!


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    #59
    RainyDay
    Closed Accounts Posts: 6,925 ✭✭✭RainyDay


    Kamden Broad Stand-in wrote: »
    The fundamental difference being, I did not suggest it may have been. Strange logic!

    Indeed, but you did suggest it may not have been in your blanket dismissal of any liability of the car owner.


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    #60
    ytpe2r5bxkn0c1
    Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    RainyDay wrote: »
    Indeed, but you did suggest it may not have been in your blanket dismissal of any liability of the car owner.

    It's all irrelevant, as the OP clearly admitted liability and is simply asking about the choice, or otherwise, of where the repair will be carried out. All else are red herrings.


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    #61
    GrumpyMe
    Registered Users Posts: 1,195 ✭✭✭GrumpyMe


    Kamden Broad Stand-in wrote: »
    It's all irrelevant, as the OP clearly admitted liability and is simply asking about the choice, or otherwise, of where the repair will be carried out. All else are red herrings.

    There does not have to be repairs carried out. The purpose of the quote is to quantify in some way the loss that the owner has suffered and therefore the amount of compensation due. The choice as to whether to have the repairs carried out is for the owner alone!


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