Neighbour Damaged Car - Small Claims Court?

jlemaitre

My neighbour painted his red van on thursday and managed to get lots of red paint specks all over our car. His van was parked on his parking space, our car was on ours - our space is 2 spaces away from his but it still managed to get damaged. :mad:

The car is just over 3 years old (worth 13k new) and we have completely paid off the finance.

My OH has spent up until this point 7 hours scrubbing the car to no avail. He has tried various different products/methods and it seems that it will need professionally respraying.

The neighbour has apologised but has not offered any money yet. We mentioned that we have spent £50 on a steam cleaner and clay bars to shift the paint but he didn't comment. He knows how long my OH has been spending on trying to shift the mess as he has been continuing working on his van at the same time.

It looks like we will have to get a few quotes together to present to him. If he refuses would it be worth pursuing in small claims court? The damage will probably take at least £250 to fix.

thescouselander

It possible the overspray could be polished off. Maybe you should go and get a few opinions/quotes and ask your neighbours pay before taking him to court which should be a last resort if he refuses to pay. I'm sure it possible to go to court though - have you collected any proof that if was your neighbour who damaged your car - if not you should probably do that asap.

Also, I'd advise looking for somewhere that does paintwork correction to see if a respray can be avoided - keeping the original paint will always be better.

jlemaitre

Thanks for the reply.

We don't have any specific proof although I have pictures of his red van and there are also numerous other neighbours who have seen him working on the van who could vouch for us.

Hopefully it won't get to court but I would like to know my rights if it did so I have something to counter with if he refuses to pay. Will we have to pay for a solicitor or would he if we won?

rich13348

The court would expect you to do everything possible to deal with your neighbor before taking him to court or you could win but have to pay his costs. A solicitor is not necessary for small claims court.

jlemaitre

Just been out to see him. He has apologised but said he won't/can't afford to pay for a professional job to be done and that things would turn sour if we pursue him in court.

He has offered to buy a product which he believes will do the job (I'm not so sure)

arcon5

If he pays for the product then what harm can trying it do?

If that fails tell him you are taking your vehicle to be fixed, explain you will get a few quotes and go for the cheapest, then you expect him to pay for it.
If he says it will get sour then tell him that's his problem but as far as your concerned he's damaged your car and he should pay for it - whether that be because court baliffs are forcing him or because he agrees it's the right thing to do

jlemaitre

Well yesterday my partner tried using a MOP and various polishes etc to try and shift it. The paint on new cars are thin away, and as such burnt the paint on the spoiler. He has removed it today, and gave it to he neighbour.

He tried to get it off using his method of 2K thinners, this in turn has burnt the paint. He has a friend who owns a professional bodyshop. My partner has seen his work on an old car his partner owned the finish was pretty awful with sanding marks and a dull finish.

jlemaitre

arcon5 wrote: »

If he pays for the product then what harm can trying it do?

If that fails tell him you are taking your vehicle to be fixed, explain you will get a few quotes and go for the cheapest, then you expect him to pay for it.
If he says it will get sour then tell him that's his problem but as far as your concerned he's damaged your car and he should pay for it - whether that be because court baliffs are forcing him or because he agrees it's the right thing to do

Sadly he is the type of man who is best not crossed. He even had the cheek to say to me he bit his tongue yesterday when I went out to look at the car and was curt to him (I didn't swear or threaten him was just short).

arcon5

jlemaitre wrote: »

Sadly he is the type of man who is best not crossed. He even had the cheek to say to me he bit his tongue yesterday when I went out to look at the car and was curt to him (I didn't swear or threaten him was just short).

You have two or three options

shut up and put up

or

take him on

or

claim on your own insurance (if fully comp)

And frankly the fact he thinks he can push you in to submission would spur me on to pursuing it further.
When he said he had to bite his toungue you should have faced it head on there and then and ask him what right he thinks he would have had to have a go at you when all you've done is try to fix his damage cheaply.

If you're not willing to tackle him about it then you are pretty f00ked

jlemaitre

jlemaitre

Best pic i(Im jletmaitres partner can do).

thats no dirt or dust.