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Court claim for car damage?


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Hi,

 

My friend emailed me last night with a problem.

 

Basically at around 3am some local drunken lout kicked the wing mirror off his Mazda pickup truck. He grabbed the guy and waited for the police to arrive but as it transpires, because the guy has no previous record for criminal damage, he's going to be let off with a caution. Now my mate is £200 out of pocket for a new wing mirror and fitting.

 

My question is, given that he knows exactly who did it, could he not file a small claims court case via MCOL for the cost of a new wing mirror and the labour to fit?

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Jesus! Whats the world comming to? I would of asked the police who is supposed to pay for the damage then! It is a criminal matter FFS!

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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He has been dealt with by the Police in their wisdom and let him off with a caution! fair enough not all offences are worthy of putting through the courts.

Civil suit should suceed ok, defo worth it. Or claim on insurance and let them chase him ( depends on excess tho.)

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Some policies may not cover 'willfull damage' and going through the small claims court could take months with no guarantee of sucsess. Dunno if MIB can help in these circumstances though. Bet they would of taken more action if he had p**sed in the street! Sorry, but I think I would of taken this further... the offender should of been charge with criminal damage. Caution yes, if no damage had been done.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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  • 1 month later...

Just a quick update on this one. It looks as if the damage to their car is closer to £1000 than the £200 originally stated. The guy has been cautioned and has had to give a written apology to my friend and his wife. What the hell the point of that is I don't know. Anyway, apparently the guy has just signed the letter as "A", as a result they don't have his name or address. Is there any way they can request this from the police in order to take legal action to recover their costs, or am I right in thinking the police won't release that information.

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Just a quick update on this one. It looks as if the damage to their car is closer to £1000 than the £200 originally stated. The guy has been cautioned and has had to give a written apology to my friend and his wife. What the hell the point of that is I don't know. Anyway, apparently the guy has just signed the letter as "A", as a result they don't have his name or address. Is there any way they can request this from the police in order to take legal action to recover their costs, or am I right in thinking the police won't release that information.

 

Did you get a crime number? Your insurers will need one.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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