Accidental Damage to vehicle by pedestrian

[KIP1]

Good Morning All, I would be most grateful if anyone can assist with the following issue: While I was out running I collided with the wing mirror of a VW T5 which was legally parked on the road but with the wing mirror overhanging the footpath. It snapped the mirror backwards and broke some internal fixings which mean it can't be repositioned, but did not break the glass or casing. I found the owner who looked and it and said "that's 300 quid and I'm not claiming on my insurance" I never agreed to pay anything or admitted liability but said I would be in touch. I don't want to leave the owner to foot the bill but I am not willing to be mugged off and become a victim of my own honesty either. I Am trying to get quotes but its proving complicated if you are not from within the VW camper community and don't one model/spec/variant from the other. However from what I have found I think 300 is based on a pair of new mirrors rather than a single second hand one and I think he is trying to have my eyes out. I have checked my home insurance and definitely not covered, and I can afford no more than £120 and my intention is to offer him this as a goodwill payment (receipted) iin full and final settlement.
What are mine/his actual liabilities here?
Is there an innate level of risk he can be deemed by a court to have accepted in:
i)owning (such) a vehicle in the first place/
ii) parking it on the highway/
iii) mirrors overhanging the footpath which could have been folded in
iv) his choice in selecting an appropriate level of cover to protect his investment?

If he refuses to accept, what are his legal options? I have no problem if he wants to take his chances in the small claims court if the fees will not exceed the standard charge (still £25?).

Most grateful for any advice or input, thanks to all


wn honesty either

[des8]

You are liable for the cost of replacing that mirror, like for like.
If a single second hand mirror cannot be located and a new pair have to be sourced, that would be at your cost.
However you would be entitled to the unused mirror and could possibly sell that on to defray costs.

The points (i-iv) you try to raise have no validity and will not reduce your liability.
The funniest is point iv. Using your argument he could say you should have purchased public liability insurance for such an eventuality.

If he sues you, on the information you have given the likelihood is you will lose and have to pay his court fees

Possible costs awarded to winning claimant:

• Fixed costs (roughly £80 in most small claims)
• Reimbursements for certain disbursements such as:
  • The issue fee (this depends on the amount claimed)
  • The hearing fee
• Miscellaneous costs for attending a hearing
• Loss of earnings for a witness or party (up to £95)
• Travel expenses (second class train fare)

[paulajayne]

He gets a couple of quotes and you pay. Seems fair.

[islandgirl]

Who would have known that such a site as this exists: https://www.wingmirrorsworld.co.uk/c...transporter-t5
As aboive, you are liable. I also would not want to put it through my insurance (there is usually an excess and your premium will go up next year). Remember that there is not only the mirror to replace but the cost os someone to fit it. As a runner myself I have sympathy - I have got into some scrapes trying to keep 2m from some people - and I admire your honesty (I would have done the same) but you should try to settle fairly. Look at the costs on this site and offer that plus labour.

[KIP1]

Thank You Islandgirl that link is most useful. I will indeed settle fairly, I just have to make sure I am not taken advantage of in the process, so knowing the legal position is important. Thanks to all.

[paulajayne]

Remember that there is fitting to do and unless the owner will fit it then there are further costs