Property Owned As Tenants In Common
Law1 min ago
Should I Be Paying For Damage To A Car?
Whilst out cycling recently I collided with another car causing a dent and long scratch on the side of it. This was totally accidental but obviously my fault. The car driver has now shown me estimates for the damage which are all around £400. The other driver is a young student and she says she has a large excess on her insurance so she can't claim the money there and I don't have any insurance that covers me for this and it has unfortunately come at a time when I am really struggling financially.
A week later she contacted me to say that a relative had gifted her the money to repair the car damage yet she still wants full payment from me though as she now has the money to repair her car she would accept payment from me in £100 instalments. I asked her if she would accept a reduced payment but she wants paying in full. Even paying her in instalments would still put me into really big financial difficulty and I wondered that as she has now been gifted the money for the damage, does she still have a right to expect me to pay her as well. As she has already been paid and if I pay her as well, she could then go and spend the money on something like a holiday instead of using it to repair damage. She has also said that she does have the option to take this through the small claims court.
I know hardly anything about legal matters so I spoke with a friend about it he took quite a harsh view of this in saying:
1. It makes no difference at all that she has been gifted a full payment from a relative, I still owe her the money for causing the damage.
2. Yes she could spend money I pay her on taking a holiday or anything she likes and that is none of my business.
3. If paying her is going cause me serious financial difficulty, that is not her concern and she has no need to give my financial situation any consideration at all and rightly expect payment in full.
4. If I'm not willing to pay, she should have no hesitation in filing out the necessary forms and suing me in the small claims court.
What's your thoughts, do you agree with the points he makes?
A week later she contacted me to say that a relative had gifted her the money to repair the car damage yet she still wants full payment from me though as she now has the money to repair her car she would accept payment from me in £100 instalments. I asked her if she would accept a reduced payment but she wants paying in full. Even paying her in instalments would still put me into really big financial difficulty and I wondered that as she has now been gifted the money for the damage, does she still have a right to expect me to pay her as well. As she has already been paid and if I pay her as well, she could then go and spend the money on something like a holiday instead of using it to repair damage. She has also said that she does have the option to take this through the small claims court.
I know hardly anything about legal matters so I spoke with a friend about it he took quite a harsh view of this in saying:
1. It makes no difference at all that she has been gifted a full payment from a relative, I still owe her the money for causing the damage.
2. Yes she could spend money I pay her on taking a holiday or anything she likes and that is none of my business.
3. If paying her is going cause me serious financial difficulty, that is not her concern and she has no need to give my financial situation any consideration at all and rightly expect payment in full.
4. If I'm not willing to pay, she should have no hesitation in filing out the necessary forms and suing me in the small claims court.
What's your thoughts, do you agree with the points he makes?
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Thanks for all of your honest replies. I'll check out her estimates and her insurance. A year ago I would have had no problem paying this but times have unfortunately hit me hard financially right now, just as it has many others. She has given me the option of paying in instalments and I may be able to negotiate some more with that as some of you have suggested. There is also the possibility that one or two relatives might lend me a bit of money then I possibly could pay her in full. Thanks all for replying.
If I were you, I'd pay £10 to check whether she's insured.
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//and you should ask to see proof of her excess before you pay her anything.
//If her excess were lower than £400 I would insist she make a claim and I would pay only the excess.//
Er..no Corby. It is no business of the OP whether she is insured or not or what, if any excess she has. Furthermore, he cannot insist she makes a claim. The OP is liable to make good the damage he has caused. There is a very good chance anyway that if the Third Party did claim from her own insurers, they would pursue the OP for reimbursement of their outlay.
// I'll check out her estimates and her insurance.//
By all means check the estimates. But you have no right to check anything relating to her insurance. If there was no personal injury to anybody other than the driver of the car (and none has been mentioned) there is no requirement for proof of insurance to be provided at all.
You just need to pay up (provided the estimate is in order). There is no “Get-out-of-jail-free” card for this.
//You can find out for free if you know the reg number.//
//Can you - how?//
By going to askmid.com. But you would be breaking data protection regulations as you’re only supposed to use it to check your own vehicles. It wouldn’t be of much benefit. All it would tell you is whether or not the car is insured. And in any case that is no business of the OP.
//If her excess were lower than £400 I would insist she make a claim and I would pay only the excess.//
Er..no Corby. It is no business of the OP whether she is insured or not or what, if any excess she has. Furthermore, he cannot insist she makes a claim. The OP is liable to make good the damage he has caused. There is a very good chance anyway that if the Third Party did claim from her own insurers, they would pursue the OP for reimbursement of their outlay.
// I'll check out her estimates and her insurance.//
By all means check the estimates. But you have no right to check anything relating to her insurance. If there was no personal injury to anybody other than the driver of the car (and none has been mentioned) there is no requirement for proof of insurance to be provided at all.
You just need to pay up (provided the estimate is in order). There is no “Get-out-of-jail-free” card for this.
//You can find out for free if you know the reg number.//
//Can you - how?//
By going to askmid.com. But you would be breaking data protection regulations as you’re only supposed to use it to check your own vehicles. It wouldn’t be of much benefit. All it would tell you is whether or not the car is insured. And in any case that is no business of the OP.
> There is a very good chance anyway that if the Third Party did claim from her own insurers, they would pursue the OP for reimbursement of their outlay.
Yes, I was thinking the same. Insisting that she involve her insurers is not a great tactic. They could be a lot more willing to revert to the legal system than she is, and willing to push it a lot further, too.
Yes, I was thinking the same. Insisting that she involve her insurers is not a great tactic. They could be a lot more willing to revert to the legal system than she is, and willing to push it a lot further, too.
