Car accident, rights for both parties. Page 1 / 2

nexstar, Jan 4, 9:13pm
Just in case anybody was interested. She ended up making a claim with her insurance company. The insurance company would not co-operate with me and had the car fixed without any agreement on repairers or costs then tried to get me to pay for the repair.
When I didn't pay them they took me to the small claims court. I argued that the repair was same quality as the repair I had offered (actually it was worse as the insurance companies panel beater didn't do a very good job on the colour match) and overpriced. After a lengthy argument we agreed to pay half the repair cost each.

tonyrockyhorror, Jan 4, 9:17pm
You see. When people are bloodyminded like this, nobody wins. You should have simply negotiated a price with a panel beater directly if that's what she wanted, which wasn't unreasonable. You'd have paid about the same, the job would be better (since you could as a consumer apply your rights under the CGA) and you'd have saved all that time.

kazbanz, Jan 4, 9:21pm
nexstar-I'm guessing it was a $500 repair
How much did it cost you to take the time off work,travel to small claims court etc!

phillip.weston, Jan 4, 11:37pm
furthermore, how is the relationship between you and the flatmate now!

lookoutas, Jan 5, 6:03am

msigg, Jan 5, 6:26am
good on her for getting it fixed. you could have taken it into the panel beater for $500 anyway with out all the extra hassels for her and you. it was your fault.

lookoutas, Jan 5, 6:35am
Naa - two people should be able to sit on a log and sort something like this out. Could be some underlying issues that haven't been divulged.

nexstar, Mar 16, 7:53am
I recently had a small accident where I reversed into my flatmates car denting a door and breaking the window in that door. I have been and got a replacement door with window for her car and now I want to fit it.
The only problem is that she wants to take it to a panel beater to fit it. I don't see the difference between me fitting the door or a panel beater doing the same thing, apart from the fact that the panel beater wants to charge $500. I am a qualified engineer and fitting a door to a car is a pretty easy task for myself.
Does anybody know what my rights and her rights are in this situation!

neo_psy, Mar 16, 7:56am
I think you're out of luck. I think she can choose her "repairer" if she wants

phillip.weston, Mar 16, 8:00am
at the end of the day you're not a qualified panel beater so I would tend to side with her, especially if it's a $10,000+ car, however if it's a $1,000 car I would probably push for doing it yourself.

robbo36, Mar 16, 8:01am
Not too sure what your rights are. Did the incident happen on private property! Just talk to your flatmate and suggest that you will fit the door and if it doesn't open/close/lock/unlock as well as it did before you damaged it, then if you both agree, she can take it to a panelshop to remedy to her satisfaction. You need to realise your flatmate just wants her car back to the same condition prior to you damaging it. She needs to trust your abilities to complete the job so she can have confidence in you. Just my 2 cents worth.

marcos1, Mar 16, 8:11am
So are you going to get it painted the same colour then !

phillip.weston, Mar 16, 8:17am
Having said that, if a flatmate backed into my car and did damage I sure well well be going to the most expensive panel beater who does the best job to fix it - I want the car coming back exactly the same if not better than how it was before the mis-hap, rather than a quick fix 'it's good enough' patch up job.

nexstar, Mar 16, 9:00am
Agree totally and I have no problem doing this.

nexstar, Mar 16, 9:04am
It is a 95 Subaru Impreza and once the new door that I have sourced is fitted (whoever fits it), it will be the least dented and scratched panel on the car. If it was a $10k+ car I would probably go through insurance, but it not nessesary in this instance.

nexstar, Mar 16, 9:10am
I know this is not correct. The law is, if we were going through panel beaters, I would have the choice of which panel beater was used.All I am proposing is that I bolt the door on instead of a panel beater. Same result for her, but saves money for me. I have done this in the past when somebody else crashed into me, but this is the first time that I have been the one who was in the wrong and caused the accident.

nexstar, Mar 16, 9:12am
Yes she is blonde. Tempting idea but I would rather be straight up.

phillip.weston, Mar 16, 9:16am
yeah at least ask her to give you the oppurtunity to repair it yourself, if the job is unsatisfactory then sure get a panel beater to do it. $500 is taking the piss though, that must be like 8 hours of labour. I think the hardest part would be aligning the door properly, but that would be like an hour max.

phillip.weston, Mar 16, 9:17am
also if that were my flatmate and I had tenancy agreement under my name, I would probably get her to move out if she's going to be so difficult about it.

nexstar, Mar 16, 9:22am
Nobody is suggesting a quick fix or patch up job. The car will be repaired to as good or better than before. Once it is fitted it will probably be the least scratched and dented panel on the car, whether I bolt it on or somebody else does.

nexstar, Mar 16, 9:24am
Yeah I have no problem taking it to a panel beater afterwards should there be a problem with the repair.

nexstar, Mar 16, 9:25am
I do have the tenancy agreement and the ability to kick her out, but would rather it didn't come to that.

demons, Mar 16, 10:15am
shit just tell her the cars at panel meatertake it your mates and do it yourself

jason18, Mar 16, 7:42pm
95 Subaru Impreza Kaz

kcf, Mar 16, 7:48pm
some people are total worry warts, she sounds like she might fit that description.

I'm guessing she thinks something like "the car will be dangerous if a panel beater doesn't do the repair".

If that's the case, you might as well resign yourself to taking it to a panel beater because rational decision making has left the building.I've dealt with this type before, and it's a HUGE pain in the rear end.Much drama, and you usually end up giving up, just so you don't have to listen to it any more.

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