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Criminal Damage - Offender can't "afford" damage

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  • Criminal Damage - Offender can't "afford" damage

    I've just found out about a incident that happened to my sister and believe she has been taken advantage of by the police and a criminal. Any advice would be greatly appreciated

    One of her friend's now-ex boyfriend kicked the door off her brand new car as he was angry this incident was witnessed by my sister and her friend.

    She took it to the garage and got a quote of circa £3000 After the police investigated they advised her to claim on her insurance as all the offender could "afford" was her £500 excess along with a caution which I believe he has accepted.

    I don't believe this is acceptable or good enough and it is irrelevant as to what he can afford as he is liable for the damage, I'm going to have a chat with the police officer on the case but it seems she was offered £500 or nothing...

    Question now is what are the options?
    Are there anymore criminal options? Can we take a civil case against this scumbag for the amount due to the insurance company (if they will remove the claim) or the amount of increase in my sister's insurance because of this person over the next several years?
    Last edited by Kati; 16th March 2018, 15:50:PM.
    Tags: None

  • #2
    Hi and welcome

    IMO it's not worth bothering about.

    Firstly if you were to attempt a private prosecution the CPS would probably take it over and then discontinue it as not in the public interest as the matter has been dealt with by way of a caution.

    Secondly you can't initiate a civil court case on behalf of someone else.
    It would be necessary to completely unwind the claim, which even if possible would mean the insurers being repaid not only the amount of the claim, but also their costs in settling it.
    Then if the claim was lodged by your sister for the damage to the car and she won, and he was ordered to pay , does he actually have the money or the assets to cover the costs?
    And we haven't discussed the stress of going to court!

    Regarding premium increase through loss of bonus.... one claim should not make that much difference. If it does, change the insurer.

    The insurance is bought to take the risks, so let the insurers pay out.
    Why keep a dog and bark yourself?

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