help needed!!!cars smashed me inside gonna affect my insurance ???

smashingyour...

RichardD1970 wrote: »

Did they actually say "you are under arrest for *whatever*" and read you your rights? If so what was the *whatever*?

The op seems to be avoiding the critical questions.

smashingyour...

xchelcx wrote: »

I've said it completely as it was, i have no need to lie, ive come for advise on this website as ive never been in a situation like this and dont know what im ment to do. Thought i would find people that could help not interrogate me as if ive committed an offence.

Thanks fort the useful information but the not so useful information is quite offensive.

Be prepared for offensive questions when you make your complaint.

Strider590

Don't they arrest both parties to stop them speaking to other people, not allow them time to make stuff up and to stop them influencing witnesses?

OP shouldn't have mentioned this, because now it's just turning into a flame war from those who've never had any experience of the criminal justice system.

smashingyour...

Strider590 wrote: »

Don't they arrest both parties to stop them speaking to other people, not allow them time to make stuff up and to stop them influencing witnesses?

OP shouldn't have mentioned this, because now it's just turning into a flame war from those who've never had any experience of the criminal justice system.

No, they don't.

There is something seriously wrong with the ops account.

Tryingagainandagain

Within the criminal justice system there is a means to claim compensation. The officer in your case can give you a form - MG 19? I think (can't properly recall - but the original was green before electronic file transfers).

The problem with this is that the courts (magistrates' or crown) rarely award compensation, and never do if the person cannot pay it. Chances are you will need to go down the civil claim route which is a whole separate procedure.

Put the claim in now - even before any criminal court hearing. I don't know how long such cases take and they may want to wait until the outcome of a criminal case. Speak to CAB about a civil claim.

If the person causing the damage was charged (an arrest is immaterial as it is one means of getting information to lead to charge or otherwise) then the case will go to court.

The initial court hearing will generally be within 8-10 days of charge and any trial within around 3-4 months depending on court and witness availability.

You need to be aware though that you cannot get compensation if the person doing that damage has no money to pay it. This is so often the case, so be prepared for a disappointment.

Strider590

smashingyour... wrote: »

No, they don't.

There is something seriously wrong with the ops account.

If the Police roll up and see two very angry/emotional people giving each other grief, the easiest thing to do is take them both down the station and let everyone calm down, rather than stand there listening to a bunch of people shouting incoherently at each other. But in order to do this, short of arresting both parties there is no way to force them to comply.

If OP wasn't listening and remaining calm, I can see how they'd end up taking a free ride down town.

It's no different to a fight kicking off on a Friday night, if the victim doesn't remain calm, they could end up spending the night in the cell down the corridor from the guy that started it.

But this is all completely irrelevant, OP came asking about insurance paying up for damages, NOT to get a lecture from a bunch of people jumping to conclusions and bating the OP into an argument.

Personally I think there's much more to all this and doubt the OP is as innocent as they're making out to be, BUT all of that is meaningless in the context of the original question.

Seriously, in all my time on these forums, i've never known it this bad.........

smashingyour...

Strider590 wrote: »

If the Police roll up and see two very angry/emotional people giving each other grief, the easiest thing to do is take them both down the station and let everyone calm down, rather than stand there listening to a bunch of people shouting incoherently at each other. But in order to do this, short of arresting both parties there is no way to force them to comply.

If OP wasn't listening and remaining calm, I can see how they'd end up taking a free ride down town.

It's no different to a fight kicking off on a Friday night, if the victim doesn't remain calm, they could end up spending the night in the cell down the corridor from the guy that started it.

But this is all completely irrelevant, OP came asking about insurance paying up for damages, NOT to get a lecture from a bunch of people jumping to conclusions and bating the OP into an argument.

Personally I think there's much more to all this and doubt the OP is as innocent as they're making out to be, BUT all of that is meaningless in the context of the original question.

Seriously, in all my time on these forums, i've never known it this bad.........

You can't just take someone down town as you put it to calm down.

The op states they were arrested.

An arrest is the taking of a persons liberty to answer to an alleged or suspected offence. Not to obtain a statement.

fivetide

smashingyour... wrote: »

The op seems to be avoiding the critical questions.

That was the first time amongst all the back biting anyone actually asked the OP if they had been 'read their rights'

I reported a car which hit my parked vehicle to the police, I only wanted to make sure the address etc I had was true and they still cautioned me for use as evidence.

Never needed to do it as when they turned up on his door step he paid up sharpish but it is wrong to assume the OP didn't have the same thing happen to her.

Was she arrested? Probably not. Was she read her rights and told not to lie? Potentially yes.

Sounds to me like she's been trying to help a victim of domestic abuse. A violent bully who has subsquently come out and smashed up her car and subjected her to a pretty terrifying ordeal.

Whilst I agree a certainly level of scepticism might be needed I don't think the sarcasm or making light of what could be a very difficult situation is what this board is about.

I'm not just directing this at you smashing, it's a general statement. If you can't say anything nice... etc....

EDIT to add: Spot on Strider.

Aretnap

Tryingagainandagain wrote: »

You need to be aware though that you cannot get compensation if the person doing that damage has no money to pay it. This is so often the case, so be prepared for a disappointment.

This bit's important. Obtaining a judgement is often the easy part. Enforcing it can be difficult, especially if the person you claim from has little in the way of income and few valuable possessions for bailiffs to seize.

If you can't get the money out of the bloke who smashed it up you'll have to either give up, or go through your own insurers as a vandalism claim. This will unfortunately affect your no claims bonus and future premiums.

Dimey

The Posters are questioning whether you were arrested because victims of crime just don't get arrested in order to give a witness statement. Sure they get taken to the police station to make the statement but they are not "arrested" because they haven't committed a crime. That's why you are being asked what crime were you arrested for. You'll find the name of the crime on the paperwork the police would have given you.

As you haven't given a straight answer, Posters assume you are playing - trolling. What crime were you arrested for?

Edit - Oh and the reason they want to know is that if you were involved in damaging the car - ie a fight - then it will affect your options and the advice they give.

As for the car. Just make a claim to your insurance company and possibly do as other Posters have said about making a claim to the criminal damages board.

If your insurance company pay out for the repair, you will have to pay the excess. Your future premiums will increase (and no claims bonus decrease unless its "protected" )for making a claim but sounds like that's worthwhile given the extent of the ££damage you describe.

You could send an invoice to the perpetrator for the excess and if he doesn't pay it then you could sue him in the small claims court. Get a copy of the CCTV now, before its wiped to show as evidence.

If you win damages from the criminal compensation, you may have to pay some/all back to your insurance company. But I'm not at all sure about that. Others will correct me.