Criminal Damage?
My van was intentionally damaged by a juvenile who admitted it to police who told me the lad would be charged with causing criminal damage. The police now tell me to proceed with a claim through my insurance to repair the damage which will involve me with a lot of inconvenience & a £350 excess to pay. If & I know its a big IF this scumbag is charged as suggested can he or his parents be forced to pay or do they just plead 'underage' & no money etc & everyone forgets all about it? The so called justice system just seems so weighted against the victim in so many cases that leads to such individuals doing things like this in the first place
Answers:
Oh dear, I had a car TWOC a number of years ago by a 13 year old lad and he admitted the crime but I couldn't get a penny from him or his parents. The fine print in my insurance didn't cover my claim! You will be very lucky if you get any money from him or his parents, he will probably get a slapped wrist and be told don't be a naughty boy, don't do it again, do 50 hours community service!
In the UK if your vehicle is damaged by someone uninsured there is an insurance organisation that will take care of it.
I would think his parent would have to pay for it but i bet they scum bags don't even work.Best of luck
I agree with your statement, the law is weighed against the victim. If you do suffer a loss try the county court / small claims.
Good luck
I had a van wrapped round a light pole and the perpetrators were so small the seat was fully forward. Twelve years old, any way by the time I would have paid excess, lost four years N.C.B. paid increased premiums for four years and had to cope with a loading because of the claim it was cheaper to pay £1200.00 and wonder why I had taken out insurance. Although they were later caught the police never came back to let me know, and they were never charged. Ten years on he is in jail on drug related crimes.
I wouldn't rely much on the police - I know it doesn't give much confidence coming from someone who works in the force. But if I were you I would get a case against the juvenile and present it to the small claims court. Good Luck!
If the scumbag is charged with criminal damage, he or his family could plead poverty and you could end up with being paid £1-£5 a month. Either way I don't think you'll be much compensated.
Realistically, I can't see you getting much joy out of the youth or his parents. In the best of all possible worlds you would claim through the insurance and then sue the parents (you can't sue the boy) for the excess and possibly the loss of your no claims bonus. This would, of course, involve further time and money and there is no certainty that any order would be enforced. Why not chat to the insurance company about it? They would have a view on the subject, as normally they too would be pursuing this family to recover the money they spend in satisfying your claim. That makes two of you! I fear that this is a lost cause.
That's the problem with the legal system , someone can get away because of there age , etc.
There is no respect , if it had been the other way around , and you had caused the damage , they would have been up in arms , over the matter
What your telling really sucks! If I was you, I would work out a deal with that scumbags parents and make them pay for ALL your inconvenience...
Vipguy and Frankfurt50: I don't know what planet you two live on, but where I'm from we actually still talk with each other and solve problems... And it's not often we have to ask for help with lawyers or law enforcement
Damage to property is goverened by the Criminal Damage Act 1972. Damage may be done intentionally, as in your case, or recklessly.
Now onto your question:
Even if the juvenile is found guilty at court (which he probably will) the problem then arises how do you get money from someone of that age? There is a very true saying "You can't get blood out of a stone!". Let's assume he was ordered to pay a fine it won't help you much getting 50 pence a week from him!
As for his parents I see no way in which they themselves can incur liability. What we are looking here is that because A has custody or control over B and B does something wrong then A can be made liable for their acts. Not in this case no. It's not like the principle of "vicarious liability" where the torts of the employee are those of the employer.
There is a thing called the Motor Insurers Bureau (MIB) but this is only applicable to uninsured drivers.
The best you can do is claim on your insurance. I do understand that you would like to see this scoudrel pay for what he has done. However, think positive. At least you have insurance and that's what it's there for - to prepare you for eventualities when there is no other route to take!
Good luck!
Vipguy is correct the parents are not responsible for the costs their children incur and you cant get blood out of a stone what is the use of getting a an order to pay restitution or a county court judgement if there is no money forthcoming it is waste of the court systems time.It is not the job of the police to get restitution or compensation.It is not a good system but that's how it stands.
I agree with you m the UK justice system looks after the criminals and screws the victims, the courts and the CPS take no account of your lost time and money in repairing this little vandals damage.
Unfortunalty his parents cannot be forced to pay your damages, damages might be awarded to you by the court, but you are unlikely to see them becaus ethe magistrates just see a poor under privillaged child and will not make a payment order.
Contact the police station dealing with the crime and ask for a compensation claim form, dont be fobbed of its a form MG19 (compensation claim form) and standard to every police force in the UK. If they refuse look it up on www.homeoffice.gov.uk and search MG19
http://www.cica-criminal-injuries-compen...
Check out this site,it should tell you if U can be granted ne monies towards the damage inflicted. :)
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