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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Hello, About a month ago, while I was visiting a friend,

Resolved Question:

Hello,

About a month ago, while I was visiting a friend, I parked my car on her driveway which has a decline into the garage door (the garage has been turned into a spare room, but the garage door remains on the outside. I pulled up the parking break on my car before going inside and later (whilst I was inside) the car slipped and ran into the garage door denting it. This was of little concern to me as the price of a garage door is something I can handle, but there is a crack on the inside wall (visible from the room inside the house) on the other side of the garage door. I was orginially given a verbal estimate via my friend that the estimate would be no more than two thousand pounds. My friend has come back to me today and has said that the the only cost is £500 for the garage door.

My friend is renting the house from a friend of hers that I have never met. My friend has choosen to be the go between us even after I asked earnestly if I could have the house owner's details to deal with the matter directly. I have choosen not to handle the matter through my car insurance as my insurance will rise significantly if I make a claim and said that I was happy to cover any costs directly.

While on the outside of things, another person might just be glad that the incidence is only £500 (my friend has told me not to question it and just accept it) nothing has been handled on paper or with any form of writing other than a few texts between me and my friend. My concern is that I pay the £500 for the garage door and then later someone will come back to me with costs involving replacing the wall.

How do I cover myself from this matter coming back to me again in the future? What do I need to ask for in writing and from whom so that I can make sure the matter is dealt with? I had already accepted that the costs might be up to £2000 to fix the wall as well. While I am very happy at the prospects of the costs only being £500 now, I want to make sure the matter is dealt with and that if for any reason I am sued in the future (unlikely, but want to cover myself) that I have a basis for an understanding that the matter has been dealt with and leagally I will not owe anyting more in the future after this. Keep in mind I have no problems paying up to £2000 if that is what they had said. Frustrating as I have had no communication with the house owner and going on the word of my friend which feels like a 'legally' dangerous position to be in.

Any help and advice, MUCH APPRECIATED!!

Thank you,
Robyn Lawrance
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Have you proposed to the owner (and tenant) that you pay the £500 in full and final settlement?

Customer:

I have had no contact with the owner, only my friend who is the tenant, and yes £500 in full is not a problem.

tdlawyer :

Okay. Then what you really need is the landlord (freehold owner) to confirm, as does the tenant, they neither will bring a claim against you if you pay the £500. In other words, it's a payment in full and final settlement between you all.

tdlawyer :

It's best to get that in an agreement too - in writing.

Customer:

How do I do that? Do I get them to write a letter or statement? And if so, what does the statement need to contain. Or do I just basically need a receipt that says paid in full?

tdlawyer :

You get them to write a letter confirming that, yes.

tdlawyer :

A receipt saying it's paid in full is not as good. A letter is always better.

Customer:

So, if I write a letter saying that I am paying the £500 in full for damages incurred to the garage and add that this is a final conclusion and settlement on the matter then is that all I need? Do I include a copy to be returned to me signed by the tenant and the homeowner? Will this then protect me against having any case should I be suddenly expected to pay something more if they get the wall repaired in the future?

tdlawyer :

You should say that you propose to pay it, in full and final settlement, and get both the landlord and tenant to reply to confirm their unqualified agreement to that.

tdlawyer :

That should be enough to protect you for the future.

Customer:

Thank you very much!!!!! I can do that.

Customer:

Cheers!!! :-)

tdlawyer :

Thank you! Is there anything else you would like me to answer for you?

Customer:

No that is it. I know what to do now. My friend is happy for everything to be verbal, but I fear that that leaves me vulnerable - especially to the homeowner whom I have never met or spoken to. I now feel much better about the situation, and I know how to proceed. Thank you!!

tdlawyer :

Thank you! Hope you manage to sort it quickly and painlessly! Always best to have things in writing - always! :)

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