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Claiming for damages outside of insurance?

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SpannerMonkey
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PostPosted: 20:41 - 08 Apr 2011    Post subject: Claiming for damages outside of insurance? Reply with quote

Right, Long story short, Lad assaulted me today who has long criminal record. Poured stella all over my headlamp bowl which contains all my wiring on the PC50. Kicked it over, started stomping on it which has fucked the suspension, front mudguard and back mudguard on a vintage bike.
TPO insurance
For those that ask why I didnt do anything, I had three witnesses watching so I knew I'd have a good case, also I know the lad very well.
And I'd like to keep my security licence. (I'd lose it if I assaulted him)

Question is, Can I claim for the damages through court as my insurance is TPO. He's locked up for the night for also stealing and assaulting a taxi driver.
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Kickstart
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PostPosted: 20:54 - 08 Apr 2011    Post subject: Reply with quote

Hi

Definitely. Even if you were insured there is no reason why you would have to go through insurance.

Small claims court would cover it. Although getting the money out of him afterwards might be the difficult bit.

All the best

Keith
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SpannerMonkey
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PostPosted: 20:55 - 08 Apr 2011    Post subject: Reply with quote

Kickstart wrote:
Hi

Definitely. Even if you were insured there is no reason why you would have to go through insurance.

Small claims court would cover it. Although getting the money out of him afterwards might be the difficult bit.

All the best

Keith


So if I go through small claims I should be able to recover the costs? Any idea how long it would take me to get the money? =/
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tvchimp
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PostPosted: 21:01 - 08 Apr 2011    Post subject: Reply with quote

Kickstart wrote:

Small claims court would cover it. Although getting the money out of him afterwards might be the difficult bit.


I thought the court paid you £XXX (whatever you're owed) and claim the money back from the defendant?..


That's bullshit btw mate, I'd say if you have a friendly copper, ask if he can throw him down the stairs or *found he had tripped over in his cell*... Wink
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Kickstart
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PostPosted: 21:05 - 08 Apr 2011    Post subject: Reply with quote

spannermonkey91 wrote:

So if I go through small claims I should be able to recover the costs? Any idea how long it would take me to get the money? =/


Depends whether he pays up, or whether you have to take further steps to get the money.

tvchimp wrote:
I thought the court paid you £XXX (whatever you're owed) and claim the money back from the defendant?..


In a lot of ways it would make sense, but unfortunately it doesn't work like that.

All the best

Keith
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SpannerMonkey
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PostPosted: 21:08 - 08 Apr 2011    Post subject: Reply with quote

Kickstart wrote:
spannermonkey91 wrote:

So if I go through small claims I should be able to recover the costs? Any idea how long it would take me to get the money? =/


Depends whether he pays up, or whether you have to take further steps to get the money.

tvchimp wrote:
I thought the court paid you £XXX (whatever you're owed) and claim the money back from the defendant?..


In a lot of ways it would make sense, but unfortunately it doesn't work like that.

All the best

Keith


He cant pay up, He's 18 and has no income.
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SpannerMonkey
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PostPosted: 21:11 - 08 Apr 2011    Post subject: Reply with quote

CHR15 wrote:
Quote:
He cant pay up, He's 18 and has no income.


in that case, find a local nutter, give him a few quid to break the guys legs.


He's locked up.
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SpannerMonkey
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PostPosted: 21:16 - 08 Apr 2011    Post subject: Reply with quote

I doubt it chris. He's commited SOOO many offences before... and a further 6 or 7 tonight...
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Jayy
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PostPosted: 21:31 - 08 Apr 2011    Post subject: Reply with quote

https://www.mib.org.uk/Home/en/default.htm

Give them a ring mate.

*Edit* Actually, I don't think that is any use, for un-insured drivers?
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Livefast123
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PostPosted: 21:39 - 08 Apr 2011    Post subject: Reply with quote

I take it that you phoned the old bill and you had him arrested. With 3 witnesses I'd say that you have a strong case and he should be convicted at court.

When the old bill come round ask them to give you a MG19 compensation form so that the court can make a compensation order on conviction. If he has no income then he'll probably pay like £1 a week but if he doesn't pay then he could be locked up.
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SpannerMonkey
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PostPosted: 21:41 - 08 Apr 2011    Post subject: Reply with quote

Livefast123 wrote:
I take it that you phoned the old bill and you had him arrested. With 3 witnesses I'd say that you have a strong case and he should be convicted at court.

When the old bill come round ask them to give you a MG19 compensation form so that the court can make a compensation order on conviction. If he has no income then he'll probably pay like £1 a week but if he doesn't pay then he could be locked up.


£1 a week? What kind of fucking compensation is that?! How the fuck am I supposed to get my bike on the road?! Crying or Very sad Crying or Very sad
Is our system that fucked up that the innocent STILL get fucked?
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Livefast123
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PostPosted: 21:46 - 08 Apr 2011    Post subject: Reply with quote

It's shit compensation mate, depends on what his income is. If it's OK then you'll have a decent amount but if he's living on the state then I wouldn't hold up too much hope. Unfortunatly in the UK victims have no human rights.


Even through the small claims court the result would be the same, if he's got no money then they make a order for a stupid amount every week.

I feel for you, that is a cute little bike.
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SpannerMonkey
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PostPosted: 21:52 - 08 Apr 2011    Post subject: Reply with quote

Livefast123 wrote:
It's shit compensation mate, depends on what his income is. If it's OK then you'll have a decent amount but if he's living on the state then I wouldn't hold up too much hope. Unfortunatly in the UK victims have no human rights.


Even through the small claims court the result would be the same, if he's got no money then they make a order for a stupid amount every week.

I feel for you, that is a cute little bike.


It's not very often I actually break down in tears over a bike lol......
The fucker has NO income. and no savings. I know him all too well...

RIP PC50..... Crying or Very sad Crying or Very sad
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dragstaar
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PostPosted: 21:53 - 08 Apr 2011    Post subject: Reply with quote

unfortunately small claims court only gets you a "you have to pay him back" notice. It would work much better like this:

Judge: I hereby sentence you to pay the full sum of £3000 for the destruction of this mans property and general cuntness.

Defendant: Bus yer 'onor, I iz on da dole u see init, so i ent got no wongas. Soz man. *shrugs shoulders*

Judge: Right, thats no problem, lets head round your house now

*at defendants house*

Judge: Ah, so... lets see. Great TV, Nice PS3, ooh, is that your Iphone 4. Sweet laptop. We'll take these as payment, and call it a day. Oh, and heres a kick in the nutsack for being a world class douche.

that is how it should work.

But it doesn't, unfortunately.
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SpannerMonkey
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PostPosted: 22:23 - 08 Apr 2011    Post subject: Reply with quote

I wish... =/
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MarJay
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PostPosted: 22:40 - 08 Apr 2011    Post subject: Reply with quote

Jeez Spannermonkey, in one post you say this lad has no income, and then you say how can you get the bike back on the road with £1 per week?

He hasn't got any money, so how are you going to get him to pay you compensation?

Unfortunately I think you'll have to chalk this one up to experience.
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SpannerMonkey
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PostPosted: 22:43 - 08 Apr 2011    Post subject: Reply with quote

MarJay wrote:
Jeez Spannermonkey, in one post you say this lad has no income, and then you say how can you get the bike back on the road with £1 per week?

He hasn't got any money, so how are you going to get him to pay you compensation?

Unfortunately I think you'll have to chalk this one up to experience.


Surely there has to be some form of help available for this...
I'm not giving up on the bike, even if I have to fix it up myself, but I believe my costs should be covered.
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mr.kris
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PostPosted: 22:54 - 08 Apr 2011    Post subject: Reply with quote

dont know what to say about the bike but make sure he gets done over even if you have to do it yourself! cable tie his balls so tight he cant move then pop his eyeballs with whatever you have with you he is scum and thats all he needs doing with him!
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MarJay
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PostPosted: 22:55 - 08 Apr 2011    Post subject: Reply with quote

spannermonkey91 wrote:
MarJay wrote:
Jeez Spannermonkey, in one post you say this lad has no income, and then you say how can you get the bike back on the road with £1 per week?

He hasn't got any money, so how are you going to get him to pay you compensation?

Unfortunately I think you'll have to chalk this one up to experience.


Surely there has to be some form of help available for this...
I'm not giving up on the bike, even if I have to fix it up myself, but I believe my costs should be covered.


I agree your costs SHOULD be covered, but there is no magical place that you can get money from. Compensation comes from somewhere, and it generally comes from the person or organisation that has been proven to be culpable.

In this case the person who is culpable is brassic, and as such you're shit out of luck. Its not a nice situation, but as I said there is no magical "Criminal fund" that pays out for stuff like this. This is one step away from saying "I don't want to pay, I want 'The Government' to pay..."

Its not nice, its not right, but it is the way it is. The only other thing you can do is go out and get some retribution and collect from the guy, but that is probably illegal and likely not to actually help the situation.
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mr.kris
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PostPosted: 22:56 - 08 Apr 2011    Post subject: Reply with quote

dont know what to say about the bike but make sure he gets done over even if you have to do it yourself! cable tie his balls so tight he cant move then pop his eyeballs with whatever you have with you he is scum and thats all he needs doing with him!
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garyd
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PostPosted: 06:46 - 09 Apr 2011    Post subject: Reply with quote

Rough justice wins EVERY time ,n if you knew what a twunt he was why did you let him get so near the bike ,a citizens arrest from your occupation would have been acceptable ,forget the cash ,man up and do the right thing
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iooi
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PostPosted: 06:54 - 09 Apr 2011    Post subject: Re: Claiming for damages outside of insurance? Reply with quote

Gutted for you.

spannermonkey91 wrote:
For those that ask why I didnt do anything, I had three witnesses watching so I knew I'd have a good case, also I know the lad very well.
And I'd like to keep my security licence. (I'd lose it if I assaulted him)
.


I thought security were taught how to restrain people in a controlled and safe mannor....
On top of that you had 3 witnesses who would have backed up your side of the story Wink

Wants betting he is back on the streets in a few days doing it all over again. After a slap on the wrists from uncle judge Twisted Evil

Its amazing how these people with no money manage 3 holidays a year, all the latest tech gadgets and can afford to get pissed every day....
Time he had a little fall while drunk.. Karma
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Cheeseybeaner
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PostPosted: 09:23 - 09 Apr 2011    Post subject: Reply with quote

I would have thought the obvious thing for you to have done would have been to contact the police regarding criminal damage to your property, if you have witnesses I don't see why the cps wouldn't press charges.
I don't think an insurance policy covers acts of vandalism.
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SpannerMonkey
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PostPosted: 10:44 - 09 Apr 2011    Post subject: Reply with quote

The cops arrested him for the offence. and also, I can only make a citizens arrest for an intictable offense. If I attempt a citizens arrest otherwise, it will be an unlawful arrest. Thankyou.
Why do you lot seem to think I'm some kind of pussy who effectively cried and begged for him not to do it? All I did was kept my calm and didnt rise to him, it looks so much better for me in court. If he does come out, I will have my day. Dont worry about that one.

Also, at this point, Anyone who is properly trained in security will understand that when you're faced with 4 lads raring for a fight, your chances of actually getting anywhere are nil.
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Pete.
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PostPosted: 11:15 - 09 Apr 2011    Post subject: Reply with quote

So the three witnesses were his mates, not yours?

Anyway - I'd like to be in the court when they read out the charge of 'stealing and assaulting a taxi driver'

Quote:
He's locked up for the night for also stealing and assaulting a taxi driver.

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