Who is responsible?

[HGKinsey]

A passenger of mine opened the car door with some force (and without care!) only to bash it into the car parked alongside in the car park. The owner of the car was approaching and was not best pleased. My passenger said that it could be claimed off my car insurance which I don't agree with as it was she who had done the damage, and anyway I hadn't driven into anyone. The owner of the car took our details and then sent me a bill from the garage for a few hundred pounds. I think that I am innocent and that my passenger is liable.

[katangel26]

Not sure where you stand legally as it was actually your car that did the damage but definitely morally your friend should offer to pay for the damage!

[Buenchico]

You can't sue a car, you can only sue a person! Although we talk about 'getting a car insured', it's actually the driver who is insured against claims for injury or damage. Your insurers could rightly point out that they've provided insurance for you and not for your passenger; in which case they'd be entitled to refuse to pay out.

Further, in general, you can only successfully sue someone for damage to property if there was either intent or negligence on their part. You've not been negligent (and there was obviously no intent), so any claim against you (or your insurers), by the aggrieved person, would be certain to fail.

Your passenger is, by virtue of her negligence, liable for the damage to the other driver's car. She can either pay up or refuse and wait to see whether the other driver pursues the matter through the small claims procedure. However, she might also take a look at her household contents policy (if she's got one). Such policies often include an element of 'third party' cover which is provided to take account of the sort of circumstances you describe.

Chris

[Bird Legs]

The actual status of the passenger needs explaining before a helpful reply can be given.

Katangel refers to a friend, but nowhere in the question is the passenger referred to as "a friend"

Indeed was the passenger a paying passenger i.e. are we talking about a taxi service of some sort. The question rather gives the impression of animosity towards the passenger rather than a family member or friend.

[flip-flop]

The damage will be covered by your insurance.

[Jay70]

As annoying and daft as it, is a driver of a vehicle is responsible for their passengers actions. So it is you that is responsible for paying for the damage - morraly your friend should compensate you but their is nothing to legally make them do so.

I once got told off by the police for my drunken mates tooting the horn of my car at midnight and was told they were my responsibility.

[Gef]

Send the bill back. The other owner should have got at least two quotes and allowed you to choose before the repair was done. He could be charging you for anything.

[HGKinsey]

The 'passenger' was a work colleague who asked for a lift into town at lunchtime because she knew I was going.