Of course your neighbour should pay! #3



14th Sep 10, 10:49 PM



The definition of criminal damage in the Criminal Damage Act 1971 is as follows:-



A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.



It sounds like what your neighbour's son did would fall into the reckless category, and I think it should go without saying that your neighbour pays for the damage.



What you probably haven't considered is that as a result of your having made a claim on your car insurance, albeit being a 'no fault' claim, i.e. not your fault and you know whose fault it was, your insurance premium will rise, possibly for the next three to five years. I would have asked the neighbour to pay in full for the damage and not claimed. However, as you have claimed, you could check with your insurance company how it will affect the premium and ask the neighbour for the difference. Try the polite approach but if it doesn't get you anywhere you should involve the police.



Children are regularly given on the spot penalty notices which their parents have to fund, this is no different except that you are offering to miss out the police! Your neighbour should grab that with both hands and be grateful that you were so reasonable.