Unfairly blamed for damage-- what do i do?
Submitted: Friday, Jun 24, 2005 at 00:20
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Member - mikeyandmary (NSW)
Hi all,
A colleague has found a small ding on their car door. The ding is round and about 4-5mm across. They have decided that we must have done it. I obviously said that I didn't do it (seriously, I didn't).
We were parked next to their car and the ding is around the right height for our door. I am certain that I didn't do it but circumstances suggest that it is possible.
2 Questions... WHAT DO I DO??? and is it legit to offer to pay for the repair providing insurance companies are not involved (i worked out it would cost me about $1500 in lost no claim bonus if it went thru insurance)
Thanks for your wisdom
Reply By: Trekkie - Friday, Jun 24, 2005 at 00:34
Friday, Jun 24, 2005 at 00:34
In a previous life I was a general insurance broker.
If you did not do it dont pay him - he will either claim from his own insurance or sue you himself. I doubt that his insurance company would see any value in persuing you. He will need to produce evidence that you did the damage (witnesses)
There is no law to stop you paying the repairs (ie exclude insurance companies) However If you do, get him to
sign an indemnity.
(Dont take this to be legal advice - or Insurance advice - it is not legal for me to do that)
AnswerID:
117167
Follow Up By: BenSpoon - Friday, Jun 24, 2005 at 01:15
Friday, Jun 24, 2005 at 01:15
true.
If you do not admit liability you are sweet.
nice disclaimer trekkie.
FollowupID:
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Reply By: Bob of KAOS - Friday, Jun 24, 2005 at 07:30
Friday, Jun 24, 2005 at 07:30
Mike
Clearly your colleague has determined that there is no ongoing friendship to preserve, and perhaps there is some pre-existing animosity toward you or your type of vehicle. So that means you don't have to be so concerned about the social niceties. All you need say, in a letter perhaps, is that you definitely didn't do it. It was mostly likely inflicted by a child forcefully opening a door, or someone maliciously damaging their vehicle, and that accidental damage from someone such as yourself would not have caused such serious damage.
Was the damage alleged to have been caused by your drivers door, or could one of your passengers have done it without you being aware?
Having been the victim of both kids (as above while I sat in the car), and malicious damage, I know that minor dings cost about $60 to fix. Major dings involving respray of the whole side of the car cost over $1000.
It may have been possible for your car to have done it, but then, has he ever parked alongside another vehicle ever? That is equally possible.
If you did feel the need to preserve the peace whatever the cost you might offer to help pay for the damage while still denying any responsibility, but clearly state that you are doing this for that reason and not because there is any way you could have caused the damage.
AnswerID:
117187
Follow Up By: Member - Chrispy (NSW) - Friday, Jun 24, 2005 at 08:00
Friday, Jun 24, 2005 at 08:00
"Clearly your colleague has determined that there is no ongoing friendship to preserve"
...indeed!
Why waste time contemplating niceties when your "colleague" has already dumped his?
If you yourself are sure that you did not contribute to the carnage, then back off and be content to see him as a problem - nothing more.
FollowupID:
372640
Reply By: Member - iMusty (VIC) - Saturday, Jun 25, 2005 at 11:47
Saturday, Jun 25, 2005 at 11:47
Get a few quotes and tell the collegue you like them and would like an ongoing friendship with them.
Tell them that there 'is' doubt and you are an honest person, but if you both agree beyond a shadow of doubt it was YOU then pay.
If you dont agree beyond a shadow of doubt you'll split it 50/50 or 70/30 or whatever.
It seems you are in a wonderful opertunity to make a new life long friend. People do strange things even you do, it's called human nature
Friends dont come easy and if it does not pan out that you are friends in the long run you've paid say $800 toward some dent you did not do, in order to repay all the little ones you did actually do to others.
Lifes roll on and on and on.
iMusty
AnswerID:
117387