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 !

The car will be covered by insurance. This is why we have car insurance! It’s not just for if we drive into the back of someone, it’s covers any type of damage caused to a car by a third party, which can be another car, a person, a dog, a tree. Tell your friend to instruct the car owner to contact their insurance company. She should not offer to pay for any damage out of her own pocket.
Also, does she have house insurance? Some house insurance includes legal cover. Get her to check.

I should also add, the owner’s insurance company may well want to speak to her brother - she needs to make it clear about his condition.

I agree, his car insurance will pay out for this but they will probably want proof of crime numbers etc in order to do so.

Well the owner’s car insurance will pay yes, but they would usually be entitled to pursue a claim against the individual who caused the damage

@TheUndoingProject

Well the owner’s car insurance will pay yes, but they would usually be entitled to pursue a claim against the individual who caused the damage

Which they will most likely dismiss once they see his medical history,

Which they will most likely dismiss once they see his medical history, that's what I thought too.

The car owner can claim for loss caused by criminal damage via car insurance but will need to report to the police to obtain a crime number. If the brother is named as suspect the police may choose to speak to him about the offence with his sister or another acting as appropriate adult. The may also write the crime off at source or after speaking to him if it is clear that the brother has no capacity to tell the difference between right and wrong.

There is no way your friend will be required to pay any money. She is not responsible / liable for her adult brother’s actions whether he is lacking capacity (as he seems to be) or a wilful menace.

It does sound a very stressful situation for her though.

The car owner needs to contact his insurer. If the police interview, or attempt to interview, your friends brother, she needs to make sure the police know if his diagnosis.

I'm not sure why soontobe60 is so confident the insurers will not pursue a claim against the brother. His condition may be a defence in criminal proceedings, but it is not a defence in civil proceedings. Unless it can be shown that his actions were completely involuntary, which is unlikely, he is liable for the damage caused to the car. The insurers may choose not to sue the brother but, if they do, they are likely to win.

As UpTheJunktion says, your friend is not personally liable for her brother's actions. However, despite his illness, he is likely to be liable. That doesn't necessarily mean the insurers or the car owner will take action against him. There is a chance they won't, particularly if he does not have the resources needed to cover the claim and does not have any insurance cover (e.g. home insurance) that would help. They can't force him to pay money he doesn't have.

I'm not sure why soontobe60 is so confident the insurers will not pursue a claim against the brother.

Insurers are bound - by law - to recoup their losses and those of their insured wherever and however possible under the law.

If they didn't, their management would be answering to their shareholders PDQ.