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Old 17 October 2005, 07:47 AM
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alcazar
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Question Son's car damaged..........advice?

Last night my eldest came home devastated. He's only let one of his mates have a drive of his car, (on a disused industrial/commercial estate carpark), and the idiot has side swiped an old shopping trolley barrier, and stove in the n/s door and sill.

Now, he and I both know he's done a stupid thing, so please, no lecturing posts.

I'm taking the car to the bodyshop today to find out the extent of the damage. It's 53 plate Ibiza in (or WAS in ) excellent nick.

What I'm interested in is what others would do? We are aware his insurance wion't pay up, nor will the driver's, (we don't think).

Has anyone else been in the same situation, and what did you do? Should the driver pay? Should they share? Should he approach the driver's parents? They know, as his dad rang my lad last night when I was out picking up wife from a trip. He told my lad to take it to a bodyshop etc.

TIA for any advice, and no lectures.

Alcazar
Old 17 October 2005, 08:12 AM
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NotoriousREV
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Depends on the mate, I suppose. Me and my mates all knew that if you broke it, you fixed it.
Old 17 October 2005, 08:12 AM
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Leslie
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Its always a difficult situation and I can imagine how upsetting it is for your son. Basically it is down to the lad driving since he was obviously not taking enough care in someone else's car. Morally he has a responsibilty to pay for the repair but I wonder if he or his dad will see it like that.

If someone wants to drive my car I always agree that if they bend it, they mend it. I think that is only fair since I believe people should take extra care of someone else's property. My mother in law lent her car to a local lad once who decided to try to improve the performance by advancing the ignition and then broke the crankshaft. He was selfish enough to deny all responsibility and there was nothing we could do about it. No gratitude whatsoever to someone who did him a favour!

Les
Old 17 October 2005, 08:15 AM
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he was driving up the road at a junction, (30mph limit close to where you live ) your son was driving down the road nothing to be seen indicated etc, started turning, a car came out of nowhere, must have been doing at least 80, it was blue, thinks it was a ford? looked like it was tarted up, like a boyracer car, it was very noisy.

your son had to make an evasive manouver to avoid the oncoming car, he feared for his life so swurved and braked heavily, and it crashed into a side wall, causing the damage.

report it to the police provide documents, provide details of the other car and that it failed to stop, be vague on car details.

they will provide you with a crime reference number, contact insurance. voila.

I would never condone such behaviour, and would suggest against this

good luck
Old 17 October 2005, 08:18 AM
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David Lock
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I think it's up to the errant driver to pay but I'd make a judgment based on:-

1) Cost of repair

2) How much of a mate is your son's friend

3) Your own and the driver (or his dad's) financial circumstances

When I was an L driver my mate borrowed the car I was using and tipped it over and wrote it off. Worst thing was waiting for my dad to come home to tell him what had happened. As far as I can remember the two parents split the cost but I didn't have a motor to practice in for a long time. dl
Old 17 October 2005, 08:25 AM
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alcazar
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Many thanks for the replies so far. It helps to know others have "been there, done that," even though it may not help them

Pretty much what I'd have expected so far. Anyone else?

BTW: anyone see a pattern here? All the "idiot" drivers so far are male??????

Alcazar
Old 17 October 2005, 08:27 AM
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Chip Sengravy
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I think its fair for split the repair costs, they were both as daft as each other !
Old 17 October 2005, 09:16 AM
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I'd expect the boy to pay in full, providing the bill doesn't run into thousands.....

If its "affordable" then he pays.

If he refuses, then the friendship isn't the type your boy needs.

I know that folk in the past have lied to their insurers and said that they returned to their parked car and it had been the victim of a hit-and-run, and then claimed on it.
Old 17 October 2005, 09:19 AM
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Originally Posted by Chip Sengravy
I think its fair for split the repair costs, they were both as daft as each other !
I disagree about the boy being daft though.......

If he lets his "apparently responsible" mate have a shot of his car in a private area then I don't see a great problem..... (providing his mate can actually drive!)

I've given many mates a "lesson" in disused industrial estates with them holding provisional licences and not being insured to drive my car. If anything were to happen, we would have dealt with it, but IMO its unfair to suggest "daft".

All MHO
Old 17 October 2005, 09:30 AM
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Sorry to hear this but sh*t happens.

I would expect a real mate to offer to pay and make good on it hopefully without being asked. The mate did the damage and should shoulder the responsibility of putting it right.

Looking at i would imagiunne a door skin and repairs to the sill say £ 450.00 est.
Old 17 October 2005, 09:52 AM
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IMO you shouldnt even have to be asking about this.
If his mate was big enough to ask for and then take a shot of the car then he should be man enough to hold his hands up then get his wallet out.
Old 17 October 2005, 09:54 AM
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Its not clear what has already been said between your son and his mate. Has the guy offered to pay or refusing to pay or what?
Old 17 October 2005, 09:58 AM
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Originally Posted by shaggy1973
he was driving up the road at a junction, (30mph limit close to where you live ) your son was driving down the road nothing to be seen indicated etc, started turning, a car came out of nowhere, must have been doing at least 80, it was blue, thinks it was a ford? looked like it was tarted up, like a boyracer car, it was very noisy.

your son had to make an evasive manouver to avoid the oncoming car, he feared for his life so swurved and braked heavily, and it crashed into a side wall, causing the damage.

report it to the police provide documents, provide details of the other car and that it failed to stop, be vague on car details.

they will provide you with a crime reference number, contact insurance. voila.

I would never condone such behaviour, and would suggest against this

good luck
Add deception to the charges along with driving without insurance etc. Unless you are an expert in lying, the police will figure out you're bullsh**ing and the cost of mending a car will be the last of your worries.
Old 17 October 2005, 10:02 AM
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As the mates dad has phoned I would imagine that he is already having the same thoughts as you, and is presumably going to offer to pay some if not all the costs of repairing it. You probably can't do anything until you know how much it is going to cost to have fixed.

And it is stupid to lend your pride and joy to anyone as accidents do happen and are even more likely to happen when young lads are involved! You should only lend your car if you are prepared to take the risk that it will be crashed and potentially you'll have to pay the bill to fix it!
Old 17 October 2005, 10:10 AM
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I would say put any ideas of insurance claiming out of your head, why should your boy have to lose no-claims etc because of a mate. Also if you lie and they catch you, you can expect no consenual (sp) **** ****ing from old bill.

As previously stated it is no way your lads fault the mate should pay up cash, no question
Old 17 October 2005, 10:13 AM
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Of course his mate should pay - I would expect his mate to insist on paying for the repairs in full, I cant imagine this not being the case.

If I was stupid enough to crash a mates car this is exactly what I would do, and Im sure it would be the same in most cases.
Old 17 October 2005, 10:50 AM
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Originally Posted by shaggy1973
he was driving up the road at a junction, (30mph limit close to where you live ) your son was driving down the road nothing to be seen indicated etc, started turning, a car came out of nowhere, must have been doing at least 80, it was blue, thinks it was a ford? looked like it was tarted up, like a boyracer car, it was very noisy.

your son had to make an evasive manouver to avoid the oncoming car, he feared for his life so swurved and braked heavily, and it crashed into a side wall, causing the damage.

report it to the police provide documents, provide details of the other car and that it failed to stop, be vague on car details.

they will provide you with a crime reference number, contact insurance. voila.

I would never condone such behaviour, and would suggest against this

good luck
I dont see the point in saying this

Whats the difference in just saying that the insured driver was driving, made a mistake and crashed the car. Then just claim from his insurnace, with the friend paying the excess and the increase in premium on next year's policy.

I think the end result would be the same, and you would not need to involve the police. Unless I am missing something

NB: Please note that the above is just a hypothetical discussion, as it is illegal to actually defraud an insurance company.
Old 17 October 2005, 10:52 AM
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Brendan Hughes
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Driver pays, end of. If he won't, and assuming he's over 18, sue him for negligence (lack of duty of care). If he can't (hasn't got the money and no hope of getting it), that's a different question.
Old 17 October 2005, 11:01 AM
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Originally Posted by Brendan Hughes
Driver pays, end of. If he won't, and assuming he's over 18, sue him for negligence (lack of duty of care). If he can't (hasn't got the money and no hope of getting it), that's a different question.
I agree, that driver should pay, if hes some sort of friend he'd want to pay but you'll soon find that out.

Brendan I dont know hw they'd get on if thy sued him, if the driver wasnt insured then I think the courts would look at it that his son wasnt responsible enough to say no to an uninsured driver to drive his car and the blame would indeed be at his sons doorstep IMO....
Old 17 October 2005, 11:06 AM
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Brendan Hughes
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I don't know if insurance enters into it, as he said it was in a car park - is this a public or private place according to modern insurance? That's why I suggested the tort of negligence. And it's certainly true that there would be some contributory negligence on the part of the son, depending on the amount that the other guy couldn't drive - if he's never driven in his life the contr neg. is far higher than if the guy has had a licence for 3 yrs already.
Old 17 October 2005, 11:11 AM
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Accidents happen - its a fact of life.
Your son was stupid in letting him drive his car. (as he and you know)

If the bloke offers to pay then fair doo's, if not then its down to your son to sort. You cant play it any other way. Your son let him drive it, knowing there was no insurance cover.
Old 17 October 2005, 11:15 AM
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As stated above I don't see the pint in shaggys suggestion as it would still go down as a fault accident with your lads insurance company so no need to involve the police just say to the insurance company he was driving up the road and crashed.

Assuming you don't want to involve insurance then if I had a shot of a mates car I would be paying for the repair. If he has no money then assuming he's over the age of 18 tell him he needs to apply for a credit card, come to the bodyshop and pay the repair. It's the only decent thing to do.
Old 17 October 2005, 11:23 AM
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Leslie
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As far as I know, a car park with public access is covered under the law and also for insurance purposes.

Les
Old 17 October 2005, 11:57 AM
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Another thing to take into consideration is your sons part in the incident. We don't need to know the full facts here but if your son was encouraging the other driver to drive outside his skill level then he should shoulder some of the blame (and cost).

Hope it isn't too costly .
Old 17 October 2005, 12:18 PM
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The mate pays, plain and simple. I did a similar thing, driving my mates car on third party only, loss of concentration, and hit a kerb on the near side at 30mph. Cost me two new alloy wheels and tyres, plus a suspension alignment. And being at the time a poor student, it was a significant dent to my wallet, but I learnt my lesson.
Old 17 October 2005, 12:22 PM
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Originally Posted by Leslie
As far as I know, a car park with public access is covered under the law and also for insurance purposes.

Les
Correct.

Would you be happy if someone pranged your pride and joy in Tescos car park and said "sorry mate, private car park, insurance doesn't apply, see ya!"

Basically, car insurance covers cars on a "road" and in laymans terms a road is any place that ther public have right of access, however there are exceptions, but car parks etc ARE covered.
Old 17 October 2005, 12:37 PM
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JTaylor
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My best mate totalled my very clean Escort Mk4 in the China Clay pits up on Dartmoor. It was very simple, he said "sorry mate" and got his wallet out.
Old 17 October 2005, 12:41 PM
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Originally Posted by talizman
Correct.

Would you be happy if someone pranged your pride and joy in Tescos car park and said "sorry mate, private car park, insurance doesn't apply, see ya!"

Basically, car insurance covers cars on a "road" and in laymans terms a road is any place that ther public have right of access, however there are exceptions, but car parks etc ARE covered.
Further the above.....

IIRC, a road is any way other than a waterway over which there is a public right of passage by whatever means and includes the roads verges and bridges whether temporary or otherwise, or any tunnel through which the road passes...... yadda yadda"

Excuse any inaccuracies, its been a few years since I learned it!
Old 17 October 2005, 12:49 PM
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Ok I think most people on here have had a drive of a friends car in a car park or whatever uninsured. Myself included. Now if it was me I would have enough respect for my friends car, to take it easy and not drive like I had just stolen the thing.

To hit a wall the guy must've been driving carelessly and without much respect for your sons car. Its not like it was an unavoidable accident. Therefore its definately your sons friend or parents responsibilty to pick up the bill. If they refuse however theres not much he can do about it

Iain
Old 17 October 2005, 12:58 PM
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Not sure... he didn't say a wall, he said "an old shopping trolley barrier" - and some of them can be below window height, also tricky (?!) to see at night...


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