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

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    #62
    Mr_Red
    Closed Accounts Posts: 483 ✭✭Mr_Red


    GrumpyMe wrote: »
    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.

    wtf

    Grumpy- If my child scraped your car you wouldn't see a penny from me until you called me from the garage with the receipt AFTER the car was repaired.

    Im wouldnt pay you anything if you are not interested in the actual repair.

    The OP is not an insurance company!

    YOU would need to get a Quote, I would agree with the Quote ( Which needs to be from a proper Garage ) and I would only agree to this quote if the Car was repaired for that price. Upon you producing the receipt for the fixing of the car, I will pay either the Quote Price or the Receipt price depending which was cheaper. I would not pay a penny until the work was actually carried out


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    #63
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    Mr_Red wrote: »
    wtf

    Grumpy- If my child scraped your car you wouldn't see a penny from me until you called me from the garage with the receipt AFTER the car was repaired.

    Im wouldnt pay you anything if you are not interested in the actual repair.

    The OP is not an insurance company!

    YOU would need to get a Quote, I would agree with the Quote ( Which needs to be from a proper Garage ) and I would only agree to this quote if the Car was repaired for that price. Upon you producing the receipt for the fixing of the car, I will pay either the Quote Price or the Receipt price depending which was cheaper. I would not pay a penny until the work was actually carried out
    For your sake I hope you don't bring that attitude with you into the Small Claims Court. The compensation is for the damage caused, it's none of your concern how the injured party uses that compensation.
    http://www.courts.ie/courts.ie/Library3.nsf/PageCurrentWebLookUpTopNav/Small%20Claims%20Procedure
    Type of claims dealt with
    (a) a claim for goods or services bought for private use from someone selling them in the course of a business (consumer claims)
    (b) a claim for goods or services bought for business use from someone selling them in the course of a business (business claims)
    (c) a claim for minor damage to property (but excluding personal injuries)
    (d) a claim for the non-return of a rent deposit for certain kinds of rented properties. For example, a holiday home or a room / flat in a premises where the owner also lives provided that a claim does not exceed €2,000.


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    #64
    RainyDay
    Closed Accounts Posts: 6,925 ✭✭✭RainyDay


    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.
    The OP admitted that their child damaged the car, before giving real consideration to the issue about the car being parked illegally. If the OP would like to give more details about how the car was parked, and whether this was factor in the damage being caused, we can then decide whether it was a red herring or not. You've decided that it was a red herring without having any evidence.
    GrumpyMe wrote: »
    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!

    Generally true, but you don't have to pay for the VAT part of the quote if the owner does not proceed with the repair.


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    #65
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    RainyDay wrote: »
    Generally true, but you don't have to pay for the VAT part of the quote if the owner does not proceed with the repair.
    So if the owner repairs the car a year later he can come back with a VAT invoice and you'll pay up? The car is devalued by an amount equivalent to the cost of repairing it and that includes the VAT component.


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    #66
    ash23
    Closed Accounts Posts: 4,791 ✭✭✭ash23


    Mr_Red wrote: »
    wtf

    Grumpy- If my child scraped your car you wouldn't see a penny from me until you called me from the garage with the receipt AFTER the car was repaired.

    Im wouldnt pay you anything if you are not interested in the actual repair.

    The OP is not an insurance company!

    YOU would need to get a Quote, I would agree with the Quote ( Which needs to be from a proper Garage ) and I would only agree to this quote if the Car was repaired for that price. Upon you producing the receipt for the fixing of the car, I will pay either the Quote Price or the Receipt price depending which was cheaper. I would not pay a penny until the work was actually carried out

    Afraid that the law would not be on your side in this case.

    The car has been depreciated due to the damage. The owner of the car can either choose to get it repaired so they can sell it on at it's actual value later on. Or they can choose to take the money, not get it repaired but when the time comes to sell it will have depreciated by whatever amount the damage costs.

    Either way the damage done has put them out of pocket and they are entitled to be indemnified.


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    #67
    RainyDay
    Closed Accounts Posts: 6,925 ✭✭✭RainyDay


    slimjimmc wrote: »
    So if the owner repairs the car a year later he can come back with a VAT invoice and you'll pay up? The car is devalued by an amount equivalent to the cost of repairing it and that includes the VAT component.

    An insurance company won't pay out the vat component unless they have a receipt for the work done. I don't know if they operate time limits on this.


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    #68
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    RainyDay wrote: »
    An insurance company won't pay out the vat component unless they have a receipt for the work done. I don't know if they operate time limits on this.
    That's not my first hand experience. I once claimed against a third party and submitted an estimate. This resulted in an insurance cheque for the full value VAT inclusive even though I didn't repair and there was no stipulation that I should repair.


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    #69
    RainyDay
    Closed Accounts Posts: 6,925 ✭✭✭RainyDay


    slimjimmc wrote: »
    That's not my first hand experience. I once claimed against a third party and submitted an estimate. This resulted in an insurance cheque for the full value VAT inclusive even though I didn't repair and there was no stipulation that I should repair.

    I had the reverse experience, with the VAT deducted from my claim, though in fairness, it was a good few years ago.


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