Should I Be Paying For Damage To A Car?

[BikeMan22]

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?

[BikeMan22]

Thanks for clearing all that up New Judge. Is it correct that she could start suing me through the small claims court if full payment is not received within a certain time?

[New Judge]

Yes.

[BikeMan22]

Ellipsis, well she has not yet threatened to start suing me but she has told me that she can and New Judge has confirmed this. I would guess that you are right that her insurance company can also start suing me and may well go further than she would as they might have more legal and admin costs. It seems that either way I would lose on this.

[pixie374]

Yes

[bhg481]

I think some house insurance policies offer an extension to cover personal liability; it could be worth checking if yours does as you could claim against that.

[Maydup]

Best to keep on friendly terms with the girl; it really wasn't her fault and her relative has obviously lent her the money to get the car fixed asap.

Once you have seen the quote ask her to put it in writing that she will accept spread payments and then pay the first one. Get a receipt. Do your best to pay her as agreed but the more you show willing the less chance there is of it going to small claims if you lag behind a bit on the payments.

Do you have any bits and pieces you can sell on EBay? Could you get a second job for a few months?

[BikeMan22]

Thank you for the tip about ebay Maydup, I probably have several items I never use that could be sold on ebay!

[roopower]

Maybe worth getting some insurance in case of future incidents. I agree, your fault, you pay.

[BikeMan22]

Yes insurance is something I will be taking out.