Civil Claim for criminal damage

[kiwicat]

Hello

My house was broken in to and £15000 worth of damage was done by the burglars. The culprits were arrested, pleaded guilty and sentenced. Unfortunately our insurance company won't pay out on some technicality with the policy, so therefore I was wondering whether I could bring a civil court claim for damages from the toerags?

All input very much appreciated, this is a fantastic site.

Kiwicat

[stevemLS]

Re: Civil Claim for criminal damage

There is nothing to prevent you from doing so, your biggest problem may be in enforcing any debt,if they don't have the money they can't pay.

[des8]

Re: Civil Claim for criminal damage

Would you care to elaborate on "insurance company won't pay out on some technicality within the policy"?

Might, repeat might, find they are misreading their own policy.
Won't be the first time

[Amethyst]

Re: Civil Claim for criminal damage

Des, it's this one http://www.legalbeagles.info/forums/...after-burglary We have about a week left beofre we can go to the ombudsman on the insurance front. Thank you.


Thanks Steven - Kiwicat is my mother - The burglars are paying victim compensation of £1000 at £100 a month, which I assume is coming out of their benefits. And I don't think its a concern if it comes over a long period, its more of the why shouldn't they pay for the amount of damage they did, to nick £40 worth of copper.

So really I think she wants to know if it is a possibility and how likely it is to come to anything, and how to go about it. Is it something that is done often?

[des8]

Re: Civil Claim for criminal damage

Thanks Amethyst,
Just didn't make hat connection.
Hopefully tho' ombudsman will rule your way and court action will be unnecessary.

[stevemLS]

Re: Civil Claim for criminal damage

Hi Amethyst

I don't believe it is often done other than in fraud cases. But increasingly victims are seeking compensation for sexual abuse.

It is the same as any other action for negligence and all members of civil society are expected to behave with reasonable care towards others and their property (which is why you can recover losses from people in motor accidents), there is the duty of care, it has to have been breached (self evidently breaking into someone's house and nicking their stuff is a breach) and that the loss was reasonably foreseeable.

Importantly, criminal courts do not award "compensation" on the same basis as civil courts, it is intended as an acknowledgement of loss - but the court must have regard to ability to pay.

The the civil court, establish liability and the defendant is liable for the full loss, the court is not generally interested in the ability to pay although it does, of course, have to have regard to the ability to pay in setting the rate at which the judgment debt must be settled.

I guess it isn't done more often because of the generally impecunious state of burglars.

I'm sure you will tell your mum that court cases are stressful although with you by her side she is off to a flying start.

[kiwicat]

Re: Civil Claim for criminal damage

I hope that we won't have to down this route but I do think people who cause the amount of thoughtless damage as these criminals did should realise the monetary consequences of their crime and the long term consequences. To them it was getting a few bob to us it has meant a year of stress, still going on, and the ruination of our life's plans. Perhaps if the effects of crime have more long term effect on the criminal they may decide not to take that route. If they had asked for £40 I could have asked them to tidy the garden and played them for doing it. No need to destroy anything but a few weeds. I spent much of my life working in a borstal helping youngsters to turn their lives round so I feel really hurt by what happened and want them to realise the consequences of their crime. They would not be happy if I went and did the same thing to their mums home. Depressing. Think suing may be worth pursuing to help others from being victims. What do you think?

[des8]

Re: Civil Claim for criminal damage

Thank you for the insight into what it means to be a victim.
I like to think it is possible to teach the perpetrators to show respect for others, and I'm sure that some can be shown that theft etc is not the way to go.
Others however never learn, no matter how severe the punishment nor how good the teaching of behavioural ethics and seem not to realize how their actions impact on their victims.
Very sad really for both sides.
I wish you well with the ombudsman

[stevemLS]

Re: Civil Claim for criminal damage

I'm so sorry if you think I was trying to minimise the consequences of a burglary, I was only trying to help the the question posed.

I wish you well.