My daughter hit an old rusty gate and now the owner is claiming for a new one?

My daughter’s car brushed against a metal gate while visiting a property. The damage to her car is minimal as the impact was very minor. However, the owner of the gate is claiming severe damage was caused and is trying to claim for an entire new gate. The gate is not new and shows signs of previous damage and is rusty in places. Is the owner trying to pull a fast one? I have seen the damage and it does not correspond to the height of the bumper on the car.

Asked on 7 January 2019 by Chris rollason

Answered by Tim Kelly
I would ask the owner of the gate to explain how the damage he is pointing out is at a different height to what is on the car? Also if you daughter "brushed passed" the gate, unless she distorted it, it is highly unlikely your daughter has caused that much damage. The flip side is, she has caught the gate and she is liable for any damage caused.
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