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?

[bookbinder]

I agree with your friend. You have a responsibility to give the car owner recompense for the damage that you caused. Once you have done that, your conscience should be clear. It is of no concern to you what happens to the car owner after you have done your duty, and your duty you should do.

[wolf63]

Yes, your friend is correct in what he says.

It was your fault then it is up to you to ensure that the driver is not out of pocket as a result. The fact that she got the money elsewhere is irrelevant.

[ToraToraTora]

Your friend is bang on, you're at fault you pay, end of.

[youngmafbog]

You did it, pay up and chalk it up to experience.

After all if she ran over your bike your would want it repaired wouldn't you?

[bhg481]

Perhaps you've just realised why it's worth insuring yourself for riding your bike. If your negligence causes damage to another person or their property you are liable; the fact that you are not insured is irrelevant.

[ToraToraTora]

for the future, you could insure against this sort of thing:
https://cycleinsurance.wiggle.co.uk/

[jno]

if you're satisfied with the estimates (are you?), then yes, she has the right to ask you to pay for damage you caused, and it's none of your business if she chooses to spends the money on loose living. It's a shame she won't accept instalments, but it's her choice.

[BikeMan22]

She will accept payment in instalments jno as long as I pay her the full amount in total, it was just that she is not willing to accept a reduced payment. Sorry if I didn't make that clear.

[barry1010]

Yes, you should pay.

[Peter Pedant]

well it as very good of her to tell you she had been paid off
wait until mamzelle calls you again
and say ( as you have done) you cant pay
BUT you will installments - and offer what you can
( "nothing! I cant pay anything" is NOT the right answer)
and then when and if she sues
you use that as a defence
write again for tht event

ie " I offered to pay a lesser amount which was refused and ask the court to enforce my offer"

good luck

I note all the posts - well you shoulda insured
as if that REALLY solves the problem of damage now

[Peter Pedant]

o goddamit
no you didnt make that clear

you dont have a right to this ( something enforceable in court) but you have a power to negotiate ( you can offer and she can turn it down)

yeah you have to pay -

[ToraToraTora]

"She will accept payment in instalments jno as long as I pay her the full amount in total, it was just that she is not willing to accept a reduced payment. Sorry if I didn't make that clear. " - then pay her in instalments, £100 for 4 months, sorted.

[jno]

sorry, you did say that, I misread. Well, do so. I'd be wondering if friends or family could help tide me over for a few weeks but times are very tight at the moment.

[ToraToraTora]

....get a receipt for each payment.

[Ellipsis]

Your friend is morally correct and most of the answers here also take the moral high ground. And perhaps morally, if you had the money, you would pay up immediately.

However, you don't have the money. Perhaps you could get a loan, but that could be very expensive and problematic for you, so the best person to get the "loan" from is perhaps the injured party, by paying her in installments. Legally, the situation is exactly as Peter Pedant describes above, so follow his advice.

[THECORBYLOON]

All accidents should be reported to an insurer even if no claim is made and you should ask to see proof of her excess before you pay her anything.

[Peter Pedant]

O thx ellipsis,
I think that is the first time I have read - he's right - since 2004

[Peter Pedant]

// you should ask to see proof of her excess before you pay her anything.//
is irrelevant
the fact she is insured does NOT mean she MUST claim

[BikeMan22]

Thanks for the link about insurance Tora, I will definitely take that up.

[davebro]

//All accidents should be reported to an insurer even if no claim is made//

Yeah - and they increase your next premium on the back of it! Often better to keep quiet & pay repairs yourself.