2012 QCCQ 3058, 2012 QCCQ 3058

Jeschek c. Woolhouse 2012 QCCQ 3058 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL « Civil Division » No: 500-32-123174-106 DATE: March 30, 2012 ______________________________________________________________________ BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ KARL JESCHEK, represented by his mandatary Cynthia Nichols, Karl Jeschek's mother Plaintiff v.

GEORGE WOOLHOUSE Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff Karl Jeschek claims the cost of the repairs to his car following an accident with Defendant George Woolhouse. [ 2 ] The Defendant admits having bumped Plaintiff's car but the damages were minimal. He contacted his insurer, Intact Insurance, who estimated the damages at $598.06 that Intact Insurance offered to the Plaintiff, but he refused. THE FACTS [ 3 ] The Plaintiff is represented by his mother Cynthia Nichols.

Ms Nichols used to be the owner of the car but transferred it to her son, the Plaintiff. [ 4 ] On the day of the accident, the car was parked and Ms Nichols was getting out of the car, when the Defendant backed into it. Ms Nichols says the Defendant slammed into the car, whereas he states he slowly backed up and simply bumped the car. At the time of the accident, the Plaintiff was uninsured. [ 5 ] Before Intact Insurance could mandate its claims adjuster, Ms Nichols obtained an estimate dated October 9, 2008 from ProColor Prestige (Exhibit P-1 ), who estimated the damages at $723.44.

Those repairs were never done. [ 6 ] Ms Nichols also brought the car to Clinique d'Auto Bavaroise because she had problems with the engine, which she attributes to the accident with the Defendant. The garage estimated the damages to the engine at $775.45, which she had repaired and now claims from the Defendant. She also claims $500, representing the cost of borrowing someone else's car and $700 for loss of time and inconvenience.

As for the Plaintiff, he claims $200 representing the damages due to his difficulty in obtaining insurance for the car. [ 7 ] At the hearing, Ms Nichols adds that since the accident, she noticed additional damage to the engine, which she now wishes to claim. With the permission of the Court, Ms Nichols had the car estimated by Groupe Quadrex / Datascan (exhibit P-3 ). [ 8 ] Intact Insurance retained the services of François Riopel, its claims adjuster, who inspected the car and provided the insurer with his report (exhibit D-2 ). Mr.

Riopel estimates is $598.06. [ 9 ] Ms Dubé, Intact Insurance's representative, states the repairs were identical to those listed in ProColor Prestige' s report (Exhibit P-1 ), the only difference being the hourly rate charged to the insurer, which is less than the rate charged to Ms Nichols. Ms Dubé adds that ProColor Prestige is a garage approved by Intact Insurance who provides it with a preferential rate. Ms Dubé offered this amount of $598.06 to Plaintiff, who refused it. [ 10 ] Mr. Riopel is categoric, no damage was caused to the motor or any other mechanical part.

For this reason, Intact Insurance refused to reimburse Clinique d'Auto Bavaroise 's invoice (Exhibit P-2 ). In addition, Intact Insurance argues that the Plaintiff could not have the car repaired, before giving the opportunity to Intact 's claims adjuster to inspect the car. the analysis [ 11 ] Ms Nichols states she transferred the vehicle in her son's name, the Plaintiff. When the accident occurred, Ms Nichols loaned

her car to her son. As she his not a party to this action, but is only Plaintiff's representative, she cannot claim the cost of borrowing someone else's car, nor the $700 for loss of time and inconvenience. [ 12 ] The Court will not grant the reimbursement for the invoice for the repairs done by Clinique d'Auto Bavaroise . The Court prefers the testimony of Mr.

Riopel, supported by the photographs taken shortly after the accident, which show that the impact could not have damaged the motor or any mechanical part. [ 13 ] As for the additional claim of $1,194.42, following the estimate by Groupe Cadrex / Datascan (Exhibit P-3 ) it shows that the parts to be replaced have no relationship with the accident. Most of the repairs are due to rust, as indicated in the report. In addition, the replacement of hazard, four lights and tail lamp were damaged after the accident, as these repairs would have been noticed by Mr.

Riopel. [ 14 ] The Plaintiff neglected to communicate with Intact Insurance , who would have negotiated a preferential hourly rate with ProColor Prestige . In the circumstances, the Court finds that the estimate by Mr. Riopel of $598.06 is reasonable and it is this amount that will be awarded. As this amount was offered prior to the institution of the action, the Court will not grant interest or cost.

FOR THESE REASONS, THE COURT: GRANTS IN PART Plaintiff's Action; CONDEMNS the Defendant to pay to the Plaintiff the sum of $598.06 in capital, interest and costs. __________________________________ DIANE QUENNEVILLE, J.C.Q. Date of hearing: January 9, 2012