Criminal Damage help and advice desperately needed please ?

[Flossiefoo]

Looking for help and advice for a friend ..

Friends brother (65) has autism and is in the process to being assessed for Dementia. He's had cognitive test which points to the likelihood but he's also going to have a brain scan. His recent behaviour suggests he has Dementia.

He has damaged a stationery vehicle very badly and this was witnessed. He doesn't know why he did it and obviously doesn't understand or feel the consquences. Vehicle is very expensive ! I believe he cannot be charged with criminal damage due to his diminished cognitve condition and likelihood of the Dementia confirmation. But, the owner of the vehicle obviously wants the repairs covered which will inevitibly run into thousands of £'s due to the value of the car.

Friend has limited funds and is terrified of having to pay to cover the costs. She's not slept for a week bless her worrying about it all. brother lives with her so you can imagine the stress she has to deal with on a daily basis on top of recent happenings.

She's waiting to hear from the owner of the car but I have advised her to talk to Citizens Advice or perhaps a solicitor who can offer an hours free advice ? Has anyone been in a similar position whereby someone of a diminished cognitive mentality has damaged something of value - can the insurance take my friends brother to court etc? Neither she or he has the funds to cover a huge bill.

I just want to help and try and find some information to hopefully put her mind at rest. The Autistic Society has been no help so just wondering where else she might clean some help and support ie what sort of solicitor ?

Thank you !

I'm not legally trained and you might be better posting in Legal Mattwrs but my first thought is, isn't this what car insurance is for? Owner of car is a CFer who has probably only paid for 3rd party insurance for his car and is trying to bully your friend into paying or a a CFer who has paid for fully comprehensive and is getting the money for the damages from his insurance and is also bullying your friend into paying and therefore gets paid twice.

I'm not legally trained. But as Bunny says, he should have reported this to his car insurance company and they will handle it. If you know the vehicle number it might be worth checking on the internet to see if it is actually insured. Not being insured might be why he's going after your friend for payment.

There's no reason why she should pay. If her brother hasn't funds to cover it, then tough.

Thank you so much !

As others said he needs to let his insurers handle this and he needs to stay out of it past that. She should not pay anything and only deal with the insurers.