Told neighbor I pay for trampoline damage if I'm responsible, but am I responsible?

girlneedshelp

So, with the storm on monday, I heard a knock on my door. It was my neighbor who said that my children's trampoline was on top of his car. So I ran out of the house, and sure enough, the trampoline had been lifted over a six foot fence and was on top of their car. We checked the car for damage and it had a small dent on the bonnet, and another one on the top of the car, with a couple of "minor" scratch marks on the bonnet and top, next to the minor dents.

So, I apologized profusely, and agreed to pay to fix the damage, as it was obviously my trampoline and my responsiiblity. The neighbor came over today with an estimate for £2500! Basically, he wants a brand new bonnet, and brand new roof fitted. He said that he wouldn't trust anyone to simply fix the dent and repaint it. It has to be a brand new bonnet and roof fitted, painted, etc., and he only trusts this one particular autobody repair place, which is known to be notoriously expensive.

My home insurance has an exemption for trampolines, so I'm stuck with the bill. My question is this. When a car is damaged, does the owner have the right to demand a brand new replacement piece, instead of having it fixed? The car is only a year old, but was only £7000 new, so I'm having difficulty accepting £2500 is reasonable. The two dents are there, but you wouldn't even notice them if the car was driving past.

If I'm being an idiot or unreasonable... let me know. I just want to do what is fair. Thanks in advance... I'm very sorry that the storm did this to his car. I think it was only reasonable to tell my neighbor that I would pay to fix the damage if I am responsible, as it was my trampoline. I'm just going to have to get some advice on whether or not I am in fact responsible, as I'm not sure.

Update (02/12): Spoke to Citizens advice and they don't seem to think I'm liable because the fence and sandbags were reasonable steps to take in the circumstances.

debtdebt

Yes you're being an idiot for being unreasonable.

lewishardwick

You should have secured the trampoline. That could have been a person getting hit by it.

If that's what he wants, you have little choice. He could always go through his insurer and they'll probably cost more and stack on fees etc...

girlneedshelp

lewishardwick wrote: »

You should have secured the trampoline. That could have been a person getting hit by it.

If that's what he wants, you have little choice. He could always go through his insurer and they'll probably cost more and stack on fees etc...

You're right. I should have had the trampoline tied down. It's been there for 10 years and I've never seen it fly up 12 inches before (nevermind over a 6 foot fence) as it's quite heavy. That's not an excuse. I'm learning a hard lesson, and thankfully no one was hurt. Thanks again.

The trampoline had a safety enclosure, and with sandbags, I never thought to tie it down.

facade

Simply apologise again, say that you cannot afford to pay such a bill, and let his insurance pay up.

You really shouldn't have accepted responsibility in the first place though, as this may complicate things.

I would have thought you had a reasonable expectation that your trampoline would stay on your side of a six foot fence, so it is hardly your fault it ended up on his car.


Trouble is, you have to live next door for some while yet, maybe you could offer to pay £5 a week for the next 10 years.....

Thatsthespirit

girlneedshelp wrote: »

You're right. I should have had the trampoline secured. It's been there for 10 years and I've never seen it fly up 12 inches before as it's quite heavy. That's not an excuse. I'm learning a hard lesson, and thankfully no one was hurt. Thanks again.

Just make sure you get a receipt of some sort for this so called £2500 in repairs. Easy for someone to just throw figures at you.

(This is not your fault btw)

stukno

There's no such thing as fitting a new roof, assuming its not a 'drop top' car so that would have to be repaired.
While you appear to be responsible for the damage, you need to take advice independently on what a repair would involve and what option there are

chrisw

Unless you were negligent, and it doesn't sound like you were, then you are not liable. He should claim off his own car insurance, as un-neighbourly as that may seem.

motorguy

girlneedshelp wrote: »

So, with the storm on monday, I heard a knock on my door. It was my neighbor who said that my children's trampoline was on top of his car. So I ran out of the house, and sure enough, the trampoline had been lifted over a six foot fence and was on top of their car. We checked the car for damage and it had a small dent on the bonnet, and another one on the top of the car, with a couple of "minor" scratch marks on the bonnet and top, next to the minor dents.

So, I apologized profusely, and agreed to pay to fix the damage, as it was obviously my trampoline and my responsiiblity. The neighbor came over today with an estimate for £2500! Basically, he wants a brand new bonnet, and brand new roof fitted. He said that he wouldn't trust anyone to simply fix the dent and repaint it. It has to be a brand new bonnet and roof fitted, painted, etc., and he only trusts this one particular autobody repair place, which is known to be notoriously expensive.

My home insurance has an exemption for trampolines, so I'm stuck with the bill. My question is this. When a car is damaged, does the owner have the right to demand a brand new replacement piece, instead of having it fixed? The car is only a year old, but was only £7000 new, so I'm having difficulty accepting £2500 is reasonable. The two dents are there, but you wouldn't even notice them if the car was driving past.

If I'm being an idiot or unreasonable... let me know. I just want to do what is fair. Thanks in advance... :A

As per the other posts, you're fairly rogered and you'll have to fork up..

Whilst his car may "only" have cost £7,000 new and is a year old, i can see the guys point not wanting to have what might be his pride and joy with fillers in panels and the chance of a poor spray job.

Replacing panels is expensive. A neighbours daughter ran in to my week old passat and dented the wing a number of years ago and i took it back to the VW approved bodyshop for a new wing to be fitted. £1000 :eek: The neighbour did stump up in fairness.

facade

stukno wrote: »

There's no such thing as fitting a new roof,

It is just a panel that can be replaced like any other.

A mate had a load of render land on the roof and bonnet of his 18 month old Corsa, and they fitted a new roof panel and bonnet.
He was gutted, as he was hoping for a write-off, (he had "return to invoice" gap insurance).

Changing a roof panel is never going to end well, despite the body-shop claims, and I can't imagine any sane bodyshop wanting to swap a roof, which is bound to need a load of bodging and filling prior to painting to make it fit, rather than a quick lick of filler and a blow over if it really is a tiny dent.

motorguy

stukno wrote: »

There's no such thing as fitting a new roof, assuming its not a 'drop top' car so that would have to be repaired.
While you appear to be responsible for the damage, you need to take advice independently on what a repair would involve and what option there are

Of course you can replace a roof panel / skin.