My wife's car (less than 600 miles on the clock from new) has been damaged by something thrown over the school playground fence that landed on the roof of her car and dented it in two places. The car was parked in the school car park. She works at the school.
Repair estimated at £800 by body shop.
Synopsis;
1) she has 'Smart Protect' panel insurance which would have paid for a repair if it had been on a side panel/bumper etc but not the roof. *sigh*
2) the school/LA doesn't have 'insurance' as such for this so if they paid for the repair it would be out of the school's already tight budget.
3) she's worried that if she makes a claim on her own insurance then she'll either end up with increased premiums plus the insurer just claim against the school anyway (so why not just ask the school to pay direct?) or paying the £250 excess and subsequently having increased premiums. She had a 'fault' claim 2 or 3 years ago when she scraped her previous car on a wall so another 'fault' claim may mean her protected no claims goes.
4) Just pay for the repair and save the school the money and herself the insurance worry.
So what would stw do;
1) Insurance claim
2) School pays (maybe she pays what the excess would be on insurance?)
3) pay all and park elsewhere in the car park next time.
Or just leave it dented
1. Thats what insurance is for.
What was thrown over the fence (was both sides on School land? or other side public?)
Sometimes, if not a bad dent, a bang from the inside of the panel (or a sucker from outside) can work wonders.
I know some people don't mind things dented (I do) but this is a 600 mile car so it would seem a shame to leave it!
Anyway big dents on a roof are bad as water sits in them and rust car start very easily, especially if the paint is damaged.
Is the paint damaged or the panel just dented?
If it's just dented get a PDR (Paintless dent removal) man to look at it.
It wan't that much to have the wifes repaired after it was caught in a golf ball sized hail storm.
The roof and bonnet looked like a golf ball!
If it needs pain it could well be that much though
Sometimes, if not a bad dent, a bang from the inside of the panel (or a sucker from outside) can work wonders.
+1 - maybe enlist the services of a PDR (paintless dent removal) person who will probably get it out for a lot cheaper than £800.
Would you explain why you believe that the school would/should have a liability?
Paintless dent removal every time
It was hit by a metal object, the whole thing was on school land - there's a fence between the car park and the playground.
It's been assessed by the dealership's PDR bloke and because there's a crease it's not suitable for that type of repair and needs paint. £454 labour, £150 materials + yer vat and sundries.
On my 10+ year old 120,000 mile car leaving it might be an option, I don't think it is on this occasion though.
Why would the school be liable, surely parking is at owners risk?
Not getting at you at all, just wondering if there's info missing.
[s]But as above chips away type guy should sort it.[/s] [i]Edit after new info[/i].
Would you explain why you believe that the school would/should have a liability?
This is why I love STW so. 🙄
[i]Would you explain why you believe that the school would/should have a liability?[/i]
I can't go into any more detail but it wasn't accidental.
Claim via insurance, unfortunately without CCTV you don't have anyone to claim against, but it's what insurance is for, does she have protected no claims?
I would leave it dented or pay myself.
Without knowing the back story, difficult to see how anything else is worth the hassle. I am also confused as to how the school would be liable.
There must be a chance that the increase in insurance premiums costs more than a third party repair?
[i]without CCTV you don't have anyone to claim against[/i]
There's no doubt who did it or when, there were adult witnesses.
There's no doubt who did it or when, there were adult witnesses.
Erm should that person not be paying then?
yep, I'm also lost as to why it was the schools liability. Normally there's a 'parking at own risk' notice somewhere, so that'd mean only 1&3 are actually options.
I'd look at paintless dent removal, and after that, take to your friendly local, insurance approved body shop and wave used £10's around....
Claim against the individual that did it then.
johndoh - This is why I love STW so.
Do you have information that the rest of us aren't privy to?
been damaged by something thrown over the school playground fence that landed on the roof of her car
I don't think I've ever worked anywhere that would accept liability for that. (On the basis of that brief description.)
My first option would be to see if I could claim from the individual that caused it (or their parents), that might need you to get the police involved though.
Otherwise I'd probably just cough up for it out of my own money rather than involve insurance, it's a borderline amount for that decision though as it's a fair bit of money.
Was the damage deliberately targeted at your wife's car or was it someone just being an idiot and your car was unlucky? If the former then I'd def involve the police as otherwise who's to say it won't happen again once you've had it repaired.
Erm should that person not be paying then?
Yeah, no pudding and take their pocket money until they are 37 1/2 😈
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(1 - that is what insurance is for. If you want car to be safer away from children and flying objects, park elsewhere. )
It doesn't matter that she works for the school and this happened in the school. If she had been using the car in pursuit of school business it would be different - if the damage happened as a consequence of the school's activities or operations it would be different (i.e. if the carpark was too close to the games field and a shot-put went through the sunroof), if a piece of the school had fallen off and landed on the car it would be different. But the school isn't responsible for the actions of third parties and being parked on school property or employed by the school doesn't imply any duty protect your property from third parties either.
If you want car to be safer away from children and flying objects
Was the flying object a child propelled over the fence by the OP's wife, I wonder? 😆
As the dealership quoted around £800, If it was my money I'd definitely be getting another quote or two from local body shops.
Or is it a lease car that means the repair needs to be approved?
This is why I love STW so.
Please elucidate.
Nope , it was a Javelin. I knew Daley Thompson still had a good right arm. Getting him to show the kids what he could do was a bad idea. He just got a little bit exuberrent and over did it a little bit
There's no doubt who did it or when, there were adult witnesses.
SLT parents meeting, if that doesnt work police
My teachers union pays for damage to staff cars in the school car park. Might be worth looking into.
It was an angry student , dickhead student, angry co-worker , ex lover ?
Either way, small claims court. Get statements , quotes for repairs, pay your £65 or so then wait for your day in court. If its a yoof then get their parents into school with a mediator or head master there as a witness. You claim for the court fee, your time off work, any legit costs incurred.
the school/LA doesn't have 'insurance' as such for this
It's very likely it does have public liability insurance. The school and its staff are there in loco parentis, and have a 'reasonable' responsibility to supervise the little darlings during break and lesson time so they don't chuck heavy metal objects over fences onto cars or each other.
Claim on their insurance. You may not be successful, but I don't see why you should be out of pocket.
I can't go into details but holding the student/their parents to account (financially or otherwise) or involving the police is not appropriate.
Go through insurance you have to tell them anyway and if theres witness pass on the details and let the insurance company sort it out. That way your not involved, its what we pay the insurance for.
Has the school offered to pay?
You should know better than to pose such a juicy moral dilemma but withhold the most-interesting bit.
No pudding for you either.
surely if it's criminal damage and you know who did it your insurers would expect you to go to the police ?I can't go into details but holding the student/their parents to account (financially or otherwise) or involving the police is not appropriate.
wwaswas - Member
I can't go into details but holding the student/their parents to account (financially or otherwise) or involving the police is not appropriate.
By this fact you're already limiting your options to
"Fix yourself"
"use insurance"
There's no other choice really.
Yes your premiums will be affected.
[i]Has the school offered to pay?[/i]
Yes, but in typical middle class fashion we're umming and ahhing about taking money from a poverty stricken state school.
Also does anyone know what
'Dealer Reset £65'
on a body repair quote means?
and if you do that without disclosing that you know who did it and it wasn't an accident you may find yourself in a bit of bother too, surely ?"use insurance"
It's been assessed by the dealership's PDR bloke and because there's a crease it's not suitable for that type of repair and needs paint. £454 labour, £150 materials + yer vat and sundries.
A main dealer would be pretty much bottom of the list of places i’d be visiting in a case like this
Reading between the lines (teacher telling student off, student throwing something at her car, school offering to pay?) I'd probably accept the schools payment.
If you are worried about them being "poverty stricken" look up their accounts, it's freely available information usually.
teacher's unions often cover this - check it out
Has the school offered to pay?Yes, but in typical middle class fashion we're umming and ahhing about taking money from a poverty stricken state school.
Ah so it's a moral dilemma, could have told us that at the start.
Clearly if you're prepared to refuse the schools payment which option you choose will be depend on how much excess you pay on your insurance. If it's £500 for example then paying out your own pocket might be the best option.
I'd be taking the money off the school, surely they have insurance to cover such things.
Yeah ask the school if the money's coming out of the fund for textbooks or from its own insurer/from county hall.
There's no doubt who did it or when
Then that person is liable (if they can be).
In order to make the school liable, you'd need to show that either they had a specific duty of care that they breached or that they were negligent (in breach of a basic duty of care). If this was a deliberate criminal act (sounds like it) then you'd need to show that they could reasonably have predicted and prevented it.
Kid throwing crap over the fence probably doesn't reach a high enough bar to make it the school's fault. Teacher running a cricket game in the wrong place (or probably even giving kids the equipment to do so) and the ball landing on your car would be more the sort of thing to make it their fault.
You must report this to your insurer, you will have a contractual obligation to do so. That will result in your premiums going up - statistically you probably park in places with higher risk. You don't have to claim - probably not worth risking NCD, even if it doesn't wipe it, what if you have a bigger repair next year.
I think that, unless the culprit can be made to pay, you are taking this one on the chin...
I can't go into details but holding the student/their parents to account (financially or otherwise) or involving the police is not appropriate.
It isn't the school's problem that you don't want to chase the guilty party. You can't make them liable if someone else is, just because you think they are a better target.
Normally there's a 'parking at own risk' notice
Which has little or no legal standing. You cannot disclaim away your own negligence or liabilities.
Without further info I'm struggling to see that the school is liable in this scenario.
