# “Fender bender” claim – is this guy chancing his arm?



## Dr Moriarty (27 Apr 2004)

G’day all, wonder if anyone has any advice to offer, as I’m feeling a little bit taken for a ride and wondering how to proceed...

Week before last, the missus and myself were visiting Dublin for an overnight — without the kids!   — and staying in Jurys, Ballsbridge. As I pulled in to the carpark, there was an old-ish couple sitting in their car in the passenger set-down area just in front of the main entrance and I had to squeeze past their car at a bit of an angle to get around into the main parking area. As I was stopped at the entrance barrier waiting for the ticket to come out, the old guy came running up behind me, all red in the face, and claimed that I’d hit his car as I passed. Now, to be perfectly honest, I’d heard and felt absolutely nothing, although I’ll fully admit it was a tight fit and it’s not impossible that I could have “grazed” it without realising.

So I parked and came back to look at his car — a shiny new ’04 Opel Astra. I couldn’t see a scratch on it, but he pointed out an absolutely tiny little scuff mark on the edge of the rear lamphouse — literally about 2 or 3mm across, and zero depth. “Fender bender” is not the right word for this at all — it’s not even what you could call a “gouge” or a serious scratch, I’m talking about something you’d leave if your coat-button brushed against it. Anyway, the guy was real hot under the collar about his brand-new car and insisted on taking my name, address, reg. no., insurance details, etc. (although he would only give me his name and ‘phone no.). He also pointed out — quite ridiculously — an existing mark on my own car that had been there for ages and is a completely different colour anyway (matches the  black paint on our gateposts at home, whereas his car was silver…) and claimed that this was where I’d hit him.

Up until now, I’d been humouring him, despite his frankly very aggressive and rude manner — largely because he looked like he was going to have an heart attack or something, and at this point we were running late for a dinner appointment. Fortunately, I remembered I had my camera in the glove compartment of our own car, and I insisted on taking a few good close-ups of his “damaged” rear lamp — which softened his cough a little bit.

I heard nothing more from him and, to be honest, I figured his wife had probably managed to calm him down or that he’d “got real” about it himself once his fit of pique had passed… then today I got a very curt ’phone call from him at my workplace telling me that his garage (main dealer…) has quoted €150 for a complete new lamp assembly plus fitting...!

Now, on the one hand I can understand where he’s coming from — “angry old man”, brand new “love-of-his-life” car, etc. (the guy probably keeps a shotgun handy to blast pigeons or small children that get too close…)

But on the other, I can’t feel helping a bit screwed. Any advice? Do I have a leg to stand on? Should I offer him €75 and tell him I’ll see him in court, otherwise? Or should I just cough up…?  

Dr. M.


----------



## MichaelL (27 Apr 2004)

*Don't admit liability*

Dr. M.,

First up, don't offer him any money up front, you would be admitting liabilty in that case.

It sounds very like the mark was already there and this guy was waiting for an opportunity to fleece someone for it.

The fact that he pointed out a mark of a different colour seems to indicate that he was clutching at straws.

If you had rubbed up against his car, sufficient enough to do damage, I think that either yourself or you missus would most likely have felt or heard something.

Why was he so reluctant to give you any of his insurance or registration details?

If I was you I wouldn't do anything else about this matter. Like you say the mark on your car was as a result of a brush with your gate post and you can easily prove this.


----------



## joxerdaly (30 Apr 2004)

*Don't admit liability.*

_it’s not impossible that I could have “grazed” it without realising._

I think you are being too fair with this guy. You would most certainly feel the slightest graze. Trust me. I have loads of experience.


----------



## jemser (2 May 2004)

*Or..*

..maybe you did graze it, in which case pay up.


----------



## Dr Moriarty (4 May 2004)

*Re: Or..*

Actually, that's what I decided to do in the end.
See [broken link removed] (if you're interested...?)

Dr M.

P.S. Yes, I'm "peckerhead" over there... 8o


----------

