A victim of a crime and having difficulty dealing with the arresting gaurd.

Sugradh001

Hi all, I'm not sure if I'm in the right place but I need advice . My car has been damaged , kicked in by an underage drunk girl who was arrested by the guards . The damage to the car is estimated at €1000 . My problem is , is that the arresting guard is very unhelpful. The guard has advised me that the girls mam is on social welfare and will pay something towards the damage , but is not obliged to pay anything & I should put it on my insurance. I have told the guard that I am unable to put it on my insurance as I only have a three year no claims ( due to other vandalism that happened last year ) & I won't be insurable to many companies. On the last update I was told by the same guard that they are not obliged to get any money for me as the girl will be prosecuted in court, community service etc . I asked for the girls details so I can pass on to my solicitor but the guard refused . I'm really at a loss here , I really surprised at the guard's attitude , they have never asked me what my financial situation is or have never taken a statement & I feel they have no interest in helping me . Can anyone advise if I can get the girls details to my solicitor or how best to proceed here, its all getting very stressful .

Kop On

Sugradh001 wrote: »

Hi all, I'm not sure if I'm in the right place but I need advice . My car has been damaged , kicked in by an underage drunk girl who was arrested by the guards . The damage to the car is estimated at €1000 . My problem is , is that the arresting guard is very unhelpful. The guard has advised me that the girls mam is on social welfare and will pay something towards the damage , but is not obliged to pay anything & I should put it on my insurance. I have told the guard that I am unable to put it on my insurance as I only have a three year no claims ( due to other vandalism that happened last year ) & I won't be insurable to many companies. On the last update I was told by the same guard that they are not obliged to get any money for me as the girl will be prosecuted in court, community service etc . I asked for the girls details so I can pass on to my solicitor but the guard refused . I'm really at a loss here , I really surprised at the guard's attitude , they have never asked me what my financial situation is or have never taken a statement & I feel they have no interest in helping me . Can anyone advise if I can get the girls details to my solicitor or how best to proceed here, its all getting very stressful .

Ring the Garda you have been dealing with and tell him you feel very disappointed with how he's dealt with you. Ask him for the name of the superintendent in his station and that you'd like to make an appointment to speak to the super. €1000 is a significant amount of damage.

You could also ring the citizens advice bureau and obtain some free legal advice.

Jimlh86

It's not the guards job to recover the money for the damage caused but it sounds like they could be a bit more helpful. They deal with the criminal side of the case. It is up to the judge (if she is not eligible for Juvenile Diversion Programme) to make a compensation order. I'm not sure about the civil side or why the guard won't give you her details?

Sugradh001

Thank you both . I will ring Citizens advice first thing on Monday morning . I wonder how can I get as far as the judge to make a compensation order ? Does anyone know if the guard should take a statement from me ? if so I could request this at the garda station , get the ball rolling .

source

Jimlh86 wrote: »

I'm not sure about the civil side or why the guard won't give you her details?

More than likely because she's a minor.

Kop On

Sugradh001 wrote: »

Thank you both . I will ring Citizens advice first thing on Monday morning . I wonder how can I get as far as the judge to make a compensation order ? Does anyone know if the guard should take a statement from me ? if so I could request this at the garda station , get the ball rolling .

As far as I'm aware, to even make a claim through your insurance because of a crime, you'd need to have reported it to the Gardai and be given a reference number from the report the Garda took. It seems odd to me that the Garda hasn't taken a statement from you.

It sounds like, he just knows the family, doesn't think you'll get much from them and doesn't fancy the paperwork involved in progressing thr issue and would much prefer if you went away.

Jimlh86

Sugradh001 wrote: »

Thank you both . I will ring Citizens advice first thing on Monday morning . I wonder how can I get as far as the judge to make a compensation order ? Does anyone know if the guard should take a statement from me ? if so I could request this at the garda station , get the ball rolling .

If the girl is a minor she may be eligible for inclusion in a juvenile diversion scheme, if not a charge or summons from the guard would get her before the juvenile courts. Do you know what the guard arrested her for? Was it Criminal Damage or Public Order? Is there evidence as in witnesses/ CCTV of her causing the damage?

Sugradh001

Kop On, this is exactly what I think is going on .. that I should just go away ... I have no intention of it !

Sugradh001

Jim , as far as I know , a neighbour called the gardai , & she was arrested on the scene , hence such damage , so there is a witness , weather the gardai recorded the caller's information . She has admitted fault, but I'm not sure if its Criminal Damage or Public Order .

Jimlh86

Sugradh001 wrote: »

Jim , as far as I know , a neighbour called the gardai , & she was arrested on the scene , hence such damage , so there is a witness , weather the gardai recorded the caller's information . She has admitted fault, but I'm not sure if its Criminal Damage or Public Order .

You need to go to the guard and tell them you want to make a complaint of criminal damage. Then make a statement about it to them. If you feel you're getting no hop go higher up. I'd be willing to bet she was A. Arrested for public order and collected by parents or B. Brought straight home.

Sugradh001

Jimlh86 wrote: »

You need to go to the guard and tell them you want to make a complaint of criminal damage. Then make a statement about it to them. If you feel you're getting no hop go higher up. I'd be willing to bet she was A. Arrested for public order and collected by parents or B. Brought straight home.

cheers Jim , I will do this . It sounds like it going to get messy , but I have nothing to loose .Thanks for the help .

rocky911

Sugradh001 wrote: »

Jim , as far as I know , a neighbour called the gardai , & she was arrested on the scene , hence such damage , so there is a witness , weather the gardai recorded the caller's information . She has admitted fault, but I'm not sure if its Criminal Damage or Public Order .

This is the question..was she arrested under Public Order or Criminal Damage?. Did your neighbour give a statement to the Guards? The guard is right, it is not his/her job to act as collection agent for compensation it will come down to a judges decision if brought before a court.

Also with regard to making a complaint re criminal damage, is there any evidence that this person committed the offence? i.e CCTV, neighbours witnessing her doing it ?

Sorry to hear o/p but you could be in for a long one with this.

Sugradh001

rocky911 wrote: »

This is the question..was she arrested under Public Order or Criminal Damage?. Did your neighbour give a statement to the Guards? The guard is right, it is not his/her job to act as collection agent for compensation it will come down to a judges decision if brought before a court.

Also with regard to making a complaint re criminal damage, is there any evidence that this person committed the offence? i.e CCTV, neighbours witnessing her doing it ?

Sorry to hear o/p but you could be in for a long one with this.

Thanks Rocky , she was shill belting it when the guards came along as far as I know . It was the guards suggestion to get the quote for damage in the first place but I have a feeling now it will only go in front of the court as public order & I'll be kept out of it . I'll have to investigate more. Its all very frustrating, but I'll keep the pressure on . Thank you !

Little CuChulainn

Don't need a statement of complaint if the juvenile and parent agree to caution and she is accepted into the juvenile diversion program. The Garda will not get you money from damages. Gardaí are no longer allowed deal with that kind of thing. They can pass on a request to the mother but it's unlikely she will pay anything. They won't give you the juveniles details either. Best that can be done is give you the mothers phone number of she agrees to it.

I think you may forget about recovering any money at this stage. That's why you have insurance.