Accidental damage to another's car - what is the law?

[johnfm]

Scenario:

Wind blows passenger door open and it strikes wheel arch of parked car. Visible damage caused.

Driver of parked (rightly) grumbles, explaining they will be sending a bill.

Ignoring the clear moral case (pay for the damage), what is the law?

It isn't criminal damage - which requires intent or recklessness.

So, how would the driver of the damaged car exert his claim?

I doubt insurers would get involved.

[glazbagun]

I'd guess it's negligence. The guy in the car neglected to secure the door. But yeah, in the old days this was an accident.

[Kentish]

If I was the person with the damaged car I'd expect it to be paid for at no loss to me.

If the other person was not prepared to accept one of three quotes from body shops of my choice then I would stick it in the hands of my insurer to pursue.

I'd be inclined to do that anyway.

There are many cases where folks "trust" the other persons word to only have them back out of the informal agreement when the bill is presented to them.

[johnfm]

JDMFanYo said:

johnfm said:

Scenario:

Wind blows passenger door open and it strikes wheel arch of parked car. Visible damage caused.

Driver of parked (rightly) grumbles, explaining they will be sending a bill.

Ignoring the clear moral case (pay for the damage), what is the law?

It isn't criminal damage - which requires intent or recklessness.

So, how would the driver of the damaged car exert his claim?

I doubt insurers would get involved.

That's what vehicle insurance is for.

Whoever's door swung open will have to pay, whether or not through insurance is down to the quoted amount to repair I guess

Your vehicle insurance doesn't only cover your car whilst it's being driven, you are aware?

Edited by JDMFanYo on Tuesday 12th January 16:25

Assume damage is very minor - dent doctor type stuff that £80 will cover.

In reality, the driver's insurance company will pay up (the bill though an insurer will be closer to £400!) and not even bother to contact the driver to confirm whether the incident even happened.

I expect this will be the result if the damaging driver tells the driver of the damaged car to foxtrot oscar.

[Noger]

Depends. If it wasn't windy, and there was a sudden gust that could not have been predicted....you could probably escape liability.

But if it were reasonably foreseeable, then probably not.