Criminal Damage

[mrfrost1982]

Hello.

My girlfriends ex boyfriend caused �2000 worth of damage to my car, to which he admitted to the Police and recieved a caution.

I claimed on my insurance and had to pay a �400 excess, aswell as over �300 in courtesy car fees.

Ive just had my insurance renewal and the claim has resulted an an additional premium of �800!!!

Do I have any right to claim any of the costs suffered by myself back from him?

Thanks

[naflharrison]

why did you not take him to court for criminal damage and he would have had to cough up. sorry but police will usually ask if you want to press charges and the answer should be yes.
its madness to pay for damage made by someone else when they have even admitted it!

dont think you will have a leg to stand on now, should have took it further at the time im affraid.

[mrfrost1982]

The Police did ask me and I said yes, although they said it was a first offence etc they would just caution him. They said if I wanted persue anything else it would have to be in the small claims court, this was the only advice the poilice gave me at the time.

[Buenchico]

(2-part post):

Anyone who suffers financial loss through the deliberate (or negligent) of another person has the right to demand compensation and, where necessary, to pursue their claim through the courts.

Of course, it's worth remembering that 'you can't get blood out of a stone'. If the guy is totally penniless (and has no assets, such as a car, which he can sell to get money) it wouldn't matter how many court orders you got against him, he still wouldn't be able to pay you. (It's also worth remembering that some people simply ignore court orders, even if they've got the money to pay, and it can be a long haul to finally get payment from them).

There are basically three possible routes you can take:

1. If you've got 'legal expenses' cover (which many brokers seem to add onto your car insurance almost automatically), contact the relevant insurer. (Remember that may not be the same insurer as the one which provides cover for your use of the vehicle. You should have a separate policy document). They may well be able to assist you..

2. If you've not got legal expenses cover, and you don't fancy the prospect of taking court action yourself, see a solicitor. (Remember that you might have to pay the solicitor's bill well before you ever get any money from the offender. Additionally, if the action is pursued under the 'small claims procedure', you can't add your solicitor's bills to the amount owed to you).

3. Chase the money yourself. It's not difficult but you can't take court action until you've made your demand to the offender, and given him reasonable time to respond. Write a letter to him, as follows:

[Buenchico]

"Fred Bloggs,

As a result of your actions, causing damage to my car, on (date), I have suffered financial losses as follows:

(List all the money you've paid out)

I therefore DEMAND PAYMENT, from you, of the sum of �XXX.XX.

TAKE NOTICE that if full payment of the said sum is not received by me within 28 DAYS, I will pursue this matter through court action"

Ensure that your letter clearly shows your address, and is dated. Then send it by recorded delivery (even if the guy lives just a few yards away from you) and retain the proof of posting.

When (as will almost certainly happen) he doesn't pay up, follow the procedures here:
http://www.hmcourts-service.gov.uk/infoabout/c laims/index.htm

Chris