Car broken in to, need advice

ash777

My car was broken in to last week.

My licence is expired at the moment, so I'm not driving.

So, my car is at home, as I don't have insurance either right now, and I thought it would be a safer option.

My mother didn't tell me it had been broken in to until a few days after it happened. I understand that about as much as anyone reading this does. But, she told me that the people that broke in to the car had been caught by the Gardai, and had been brought to court the next day and are now in jail. It all sounds very clean to me, but however.

Even though it's my car, and the ownership documents are in my name, I wasn't contacted by anyone. Not one member of the Gardai rang me. They really should have, shouldn't they?

I'm just wondering what to do, as, according to my Mom (I'd like to hear it from the Gardai) the 2 would-be-thieves are in jail. There's been damage done to the car, and it needs to be paid for. I haven't seen it yet, but I shouldn't have to pay for it (it's not insured, as I haven't been driving with a bit). Obviously, if the 2 people are in jail, it's the easiest place to find them in relation to a civil suit, for damage to the car.

I'm just requesting advice, really. Should I get on to a lawyer, and would this be possibly covered by Legal Aid? I'd be fairly reluctant to contact the Garda station directly, myself, as they actually have been fairly incompetent in the past, and as they didn't bother to contact me. So, would a lawyer be able to contact them on my behalf, and find out what's actually been going on?

Thanks so much, and I'd appreciate any help

Buona Fortuna

Hi Ash

I sympathise about your car but if the scroats who damaged your car, are indeed in prison, do you imagine that they have any assets that you could obtain some sort of resitution from?

Legal action against them is likely to be good money after bad, I'm afraid.

seamus

Well presumably the break-in was reported by your mother who told the Gardai that the car belonged to her daughter, so why would the Gardai have contacted you separately?

Go down to the local Garda station and explain to the Garda what you already know and as the owner of the property you want to make a statement about the damage done to the car. You also want to find information on the case as you intend to file a civil suit against the guys.

As said above though, taking a case against them is likely to be pointless. You'll be a couple of years chasing them for, what a couple of hundred euro in damages?

Stheno

If your mother reported it there's no reason why the guards would need to contact you? They seem to have kept her updated

I'd suggest just dropping into the station

The Muppet

It all sounds rather far fetched to me. Have you asked your mother why she didn't contact you when this alleged break in happened?

jimmycrackcorm

ash777 wrote:

My mother didn't tell me it had been broken in to until a few days after it happened. I understand that about as much as anyone reading this does. But, she told me that the people that broke in to the car had been caught by the Gardai, and had been brought to court the next day and are now in jail. It all sounds very clean to me, but however.

Can you be sure that they were caught for breaking into your car? I'd say they were caught for something else and your mother assumed they're also responsible. It would explain why the guards haven't been in touch.

Little CuChulainn

Forget about a civil suit unless the people who robbed you have assets. It's unlikely they are in jail for damaging your car. Aside from the fact that cases like that are pretty impossible to solve without an eye witness, the case wouldn't be over that quick. Not really sure why you are so pissed at the Gardaí. Your car appears to have been in the care of your mother and she reported the damage so they are dealing with her. How did you not notice the damage for so long?

ash777

Thanks for the replies.

SUrely the 2 wannabe-hot-wirers get the dole, no? ...That's why I'm wondering about Legal Aid, if it's possible to get in this situation (I don't know enough about the technacalities in regards to claiming it, and what you can claim it for).


If I go to my local Garda station, can they give me info, even though another station is dealing with it?

ash777

jimmycrackcorm wrote: »

Can you be sure that they were caught for breaking into your car? I'd say they were caught for something else and your mother assumed they're also responsible. It would explain why the guards haven't been in touch.

They were caught red-handed, in the car. Gardai were passing.

Avatar MIA

ash777 wrote: »

Thanks for the replies.

SUrely the 2 wannabe-hot-wirers get the dole, no? ...That's why I'm wondering about Legal Aid, if it's possible to get in this situation (I don't know enough about the technacalities in regards to claiming it, and what you can claim it for).


If I go to my local Garda station, can they give me info, even though another station is dealing with it?

I don't think you get dole while in prison (you're hardly available for work). Once out they might get dole, but that's meant to be be for essentials. How much would their dole be docked each week. Buttons if anything.

Do you really want to have a direct connection with these people for months to come?

Little CuChulainn

ash777 wrote: »

They were caught red-handed, in the car. Gardai were passing.

Sounds fairly incompetent of the Gardaí alright.

Avatar MIA

ash777 wrote: »

They were caught red-handed, in the car. Gardai were passing.

Also, surprised they got jail time for breaking into a car unless on probation for something else.

Little CuChulainn

Avatar MIA wrote: »

Also, surprised they got jail time for breaking into a car unless on probation for something else.

Probably denied bail.

5rtytry56

Avatar MIA wrote: »

Do you really want to have a direct connection with these people for months to come?

You might "get more than you bargained for", OP

MrWalsh

Come on! Clearly your mother is not telling you the truth here.

Do you really think that
(a) the Guards caught who was robbing the car so easily?
AND
(b) the court case came up within a matter of days?
AND
(c) they were sent to jail immediately?
AND
(d) that you wouldnt have been contacted as the car owner?

I think your Mammy is winding you up.

seamus

MrWalsh wrote: »

I think your Mammy is winding you up.

That was my suspicion too, but if they were known local toerags who got caught as the Gardai passed by, they could have appeared in court the next morning and if they were already on parole (quite likely), they'd find themselves back in Mountjoy by the end of the day.

So the OP does need to follow up with the Gardai in terms of the prosecution for breaking into her car. Though they may not bother.

Pat Mustard

I would arrange for estimates for repair work and make an application for compensation in relation to vouched damages ASAP.

http://www.justice.ie/en/JELR/Pages/WP15000110

And then I would prepare for a very long waiting period.

If you need advice in relation to the above application, you should contact a solicitor.

Little CuChulainn

Pat Mustard wrote: »

I would arrange for estimates for repair work and make an application for compensation in relation to vouched damages ASAP.

http://www.justice.ie/en/JELR/Pages/WP15000110

And then I would prepare for a very long waiting period.

If you need advice in relation to the above application, you should contact a solicitor.

Isn't that only for injury to person?

ohnonotgmail

Little CuChulainn wrote: »

Isn't that only for injury to person?

it appears so.

The tribunal considers applications from people who suffer a personal injury or death as a result of a crime of violence.

tbh honest OP i would drop any idea of a civil suit. If you did take them to court and won your own solicitor would expect to be paid immediately. i doubt they would be happy to wait until the scrotes paid up. which would probably be never or else on a very long drip.

Pat Mustard

Little CuChulainn wrote: »

Isn't that only for injury to person?

It applies in relation to vouched damages arising out of violent crime.

Compensation for personal injury has been restricted for a long time. Compensation for pain and suffering is gone.

ohnonotgmail

Pat Mustard wrote: »

It applies in relation to vouched damages arising out of violent crime.

Compensation for personal injury has been restricted for a long time.

the page you linked to specifically mentions personal injury.

Pat Mustard

ohnonotgmail wrote: »

the page you linked to specifically mentions personal injury.

I had thought that it applied in circumstances outside of personal injury but maybe I am wrong. If I don't get back to you, consider the point conceded.

ohnonotgmail

Pat Mustard wrote: »

I had thought that it applied in circumstances outside of personal injury but maybe I am wrong. If I don't get back to you, consider the point conceded.

i did a bit of digging (the things you will do when you want to avoid actual work).

according to this http://www.citizensinformation.ie/en/justice/victims_of_crime/victims_and_compensation.html

some relevant quotes

In some cases, the court may decide that an offender must pay compensation to you. This may be one of a number of conditions that the court has imposed on the offender so that he or she can avoid a prison sentence. The court may ask the Probation Service to supervise the payment of the compensation.

The op said that the miscreants are already in jail. on remand presumably as there is no way a verdict will have been reached already. So get on to the guards who arrested them and see what they say.

In terms of the Criminal Injuries Compensation Tribunal

The scheme does not compensate for stolen or damaged property, except medically necessary items like eyeglasses and artificial limbs.

unless some of those items were damaged then i think you are out of luck with respect to the tribunal.

hullaballoo

Clearly they are in gaol in relation to another matter. You couldn't prosecute without the owner in this case.

You need to find out whether AGS are actually investigating a complaint (which, I think must emanate from you) against these people in relation to your car break-in.

Little CuChulainn

hullaballoo wrote: »

Clearly they are in gaol in relation to another matter. You couldn't prosecute without the owner in this case.

You need to find out whether AGS are actually investigating a complaint (which, I think must emanate from you) against these people in relation to your car break-in.

An owner is not required to prosecute a criminal damage case. It is presumed that the property did not belong to the person who damaged it until the contrary is shown.

Buona Fortuna

Little CuChulainn wrote: »

An owner is not required to prosecute a criminal damage case. It is presumed that the property did not belong to the person who damaged it until the contrary is shown.

Maybe maybe not, but somebody has to surely testify what the damage is.

Which bits were damaged by the scalliwags and what was already on the vehicle.

Without the owner the gard has a moveable feast.

Little CuChulainn

Buona Fortuna wrote: »

Maybe maybe not, but somebody has to surely testify what the damage is.

Which bits were damaged by the scalliwags and what was already on the vehicle.

Without the owner the gard has a moveable feast.

A person like the ops mother? Who was in charge of the vehicle at the time and reported the damage? As opposed to the op who appears not to have noticed for a few days.

Buona Fortuna

Little CuChulainn wrote: »

A person like the ops mother? Who was in charge of the vehicle at the time and reported the damage? As opposed to the op who appears not to have noticed for a few days.

Well the OP doesn't say that but I think we're just taking this OT, so I'll butt out, now.