My painting contractor damaged neighbour's car

[mark41]

Hi there, an outside contactor I employed, accidently oversprayed on to my neighbours vehicle whilst painting the fence, neighbour insists on getting his car repaired with a garage of his choosing, contractor has offered to repair car at a bodyshop that he has had business dealings with before, neighbour has refused and has asked for details of the contractors insurance, it has come to light that the contractor has no public liability and is not insured. The neighbour has said that it is my property, hence I am liable for the cost of repair, can anyone please advise me? Thanks

[jta]

What sort of paint was the contractor using? Car paint and fence paint are very different, using 'T'cut and a bit of elbow grease will almost certainly remove any overspray from the car.

[mark41]

he was using spray on water based fence spray, he was painting the fence and the over spray went onto neighbours car

[jta]

Then definitely 'T' cut. Try it on a small area first, the only danger will be if the original paint has been repaired previously and has only a thin layer of topcoat on it. Use good muslin type rags and finish off with a good quality polish.

Just to add, if the overspray has a greyish dusty appearance then it had already air dried before it hit the car and that will be really easy to remove.

[mark41]

yeah you and I know that, but the neighbour is being a real idiot, he is going on about compensation and the hiring of a car, what enrages me is the contractor has offered a sollution but he has refused to co-operate, he thinks as I am the landlord that I have limitless amounts of cash, ( he has a lot to learn) what I would like to know if I am liable or can I just walk away and let him deal with contractor, he is threatening court action if I do not pay for repair.

[mind the gap]

I think you take jta's expert advice and put it in writing to him that there is probably a simple way of removing the excess spray paint and that you would be happy to try to do so, without prejudice as it were.

If he is unwilling even to let you try, then wash your hands of it. It's the contractor's problem, not yours or the T's. Contractor should have had PLI. Let N deal direct with contractor.

[jta]

yeah you and I know that, but the neighbour is being a real idiot, he is going on about compensation and the hiring of a car,

That sounds way over the top. I don't suppose the car has been immobilised by a bit of overspray.


what enrages me is the contractor has offered a sollution but he has refused to co-operate,

That sounds like the contractor has made a reasonable offer which he has refused.


he thinks as I am the landlord that I have limitless amounts of cash, ( he has a lot to learn) what I would like to know if I am liable or can I just walk away and let him deal with contractor, he is threatening court action if I do not pay for repair.

I can't really say, I was a mechanic not a lawyer. Personally I would tell him to stick his car where the sun don't shine, but that may not be the right answer.

[mark41]

thanks guys, will write to him offering to polish car at my expense and time, if he refuses then will wash my hands of it.

[jeffrey]

thanks guys, will write to him offering to polish car at my expense and time, if he refuses then will wash my hands of it.**

** Good joke! However, the actions/omissions of your contractor might be deemed yours; so contact your own insurer AT ONCE.

[islandgirl]

I wouldn't make any offer - tell the neighbour it is between him and the painter and wash your hands of it right away (so to speak). You can still do as the wise Jeffrey says but call the neighbours bluff!

[Poppy35]

I was going to suggest the same as Jeffrey as you will have this cover for disputes in your home insurance however I would try other avenues first as you dont want your premiums increased due to someones elses sloppy work.

Oh and dont use a contractor with PL cover in future!

[mind the gap]

You can still do as the wise Jeffrey says but call the neighbours bluff!

As in : 'Hi, Bluff! Nice car' ?

[mind the gap]

Oh and dont use a contractor with PL cover in future!

Er..why not? Surely that would have helped avoided all this hassle?

[jeffrey]

I would try other avenues first as you dont want your premiums increased due to someones elses sloppy work.

I disagree- if one tries other avenues first, one might even lose that insurance cover. To protect it, at least report to the Insurer the possibility of a later claim. Maybe also ask for the Insurer's guidance on what to say to the contractor and to the neighbour; until then, I'd say nothing!

[Poppy35]

Er..why not? Surely that would have helped avoided all this hassle?

whoops! typo...

meant to say use a contractor who does have PL!