Car damaged by person sectioned under MHA
Discussion
A colleague of mine has had her car damaged on the driveway of her house. Damage was to the windscreen, headlight and some bodywork. Car is leased if it makes any difference.
The perpetrator was caught after driving into another car, and damaging a third vehicle. She is insured so those she has hit whilst driving are covered by insurance. Sadly my colleague has been told she will have to claim off her own insurers as the perpetrator was not in a vehicle to damage my colleague's car and to add a further layer of complexity she has been sectioned under the Mental health Act. The police have closed the case, leaving my colleague to claim off her insurance.
Are there any other options? Money claim online ? Would there be any point in pursuing it or is it just bad luck?
SD.
The perpetrator was caught after driving into another car, and damaging a third vehicle. She is insured so those she has hit whilst driving are covered by insurance. Sadly my colleague has been told she will have to claim off her own insurers as the perpetrator was not in a vehicle to damage my colleague's car and to add a further layer of complexity she has been sectioned under the Mental health Act. The police have closed the case, leaving my colleague to claim off her insurance.
Are there any other options? Money claim online ? Would there be any point in pursuing it or is it just bad luck?
SD.
If I’ve read it right and they were not in a car at the time of causing the damage and they were subsequently detained under the MHA I can’t see how your friend has any recourse other than their insurance.
The police (IMO) by virtue of the fact that the MHA has been invoked will have decided the person is unlikely to have capacity to be held accountable for the damage; therefore there will be no charge, (or other sanction) even if a crime report was taken. Ordinarily the only other option to get recompense in the circs you describe, is should the person be charged, via the court awarding as such.
The police (IMO) by virtue of the fact that the MHA has been invoked will have decided the person is unlikely to have capacity to be held accountable for the damage; therefore there will be no charge, (or other sanction) even if a crime report was taken. Ordinarily the only other option to get recompense in the circs you describe, is should the person be charged, via the court awarding as such.
I assume the police have used their power under S.136. If so, the outcome will be relevant. Has she been detained or detained after her assessment?
A fair bit more on the matter from the CPS: https://www.cps.gov.uk/legal-guidance/mentally-dis...
A fair bit more on the matter from the CPS: https://www.cps.gov.uk/legal-guidance/mentally-dis...
La Liga said:
I assume the police have used their power under S.136. If so, the outcome will be relevant. Has she been detained or detained after her assessment?
A fair bit more on the matter from the CPS: https://www.cps.gov.uk/legal-guidance/mentally-dis...
If she was released after assessment as sane then I assume theres no reason why Police couldn't pursue the matter. The damage should still be recorded regardless of their mental stateA fair bit more on the matter from the CPS: https://www.cps.gov.uk/legal-guidance/mentally-dis...
Bit hazy as it was a while ago but the same thing happened to me.
I returned from a weekend away to find my car trashed by the chap over the road who had mental health issues.
It happened on a Saturday afternoon and there were lots of witnesses.
As the street was mostly flats, and "because London'" nobody could contact me and I followed up a Police note on the dashboard.
They wanted to know what I wished to do about it.
It was a straight decision for me in telling them to go for it.
Either he was more seriously ill than his support network and social services appreciated and this would trigger a review of his care and placement or else he was rational and could bloody well get a b
king.It probably went to magistrates, I cant exactly remember as it didnt involve me, and he was told not to do it again - or something - and ordered to pay my insurance excess which he did by bank transfer at £10 per week.
Good luck.
It would depend on the reason for her 136 detention at the time. Just because she was 136 doesn't mean she didn't have capacity to commit the damage and be accountable, criminally, for it.
It would be worth re-contacting the police to understand why they don't want to pursue, if your colleague is unsure as to why, and the specific reasons relating to her 136 and state of mind at the time and who has assessed her as not having capacity to be considered a suspect. You also can appeal a decision to the CPS as the victims right to review.
It would be worth re-contacting the police to understand why they don't want to pursue, if your colleague is unsure as to why, and the specific reasons relating to her 136 and state of mind at the time and who has assessed her as not having capacity to be considered a suspect. You also can appeal a decision to the CPS as the victims right to review.
Theres no reason why she can be interviewed about the damage shes caused and then referred to the new equivalent of what used to be the mentally disordered offenders panel for a decision to be made as to whether shes fit to be prosecuted. Just because she was detained under the MHA and apparently promptly released is no excuse for not dealing with the criminal damage to the OP's friends car.
shed driver said:
As far as I'm aware she was arrested, quickly conveyed to A&E under a 136, detained in hospital for a while then discharged.
My colleague is just upset that she has to claim on her insurance with apparently no way of recouping any of her costs.
SD.
The 136 is irrelevant. She doesn't "have" to claim on her insurance. She could sue. She needs to weight up costs and risk:return. Claiming on her insurance may be quickest and simplest. My colleague is just upset that she has to claim on her insurance with apparently no way of recouping any of her costs.
SD.
shed driver said:
As far as I'm aware she was arrested, quickly conveyed to A&E under a 136, detained in hospital for a while then discharged.
My colleague is just upset that she has to claim on her insurance with apparently no way of recouping any of her costs.
SD.
Is the insurance not paying out?My colleague is just upset that she has to claim on her insurance with apparently no way of recouping any of her costs.
SD.
I have sympathy in that this is a very annoying and depending on circumstances the excess is a cost that could have an noticable effect on short term finances. This is one of those 's
t happens' occurances that insurance is for and you should find a policy that has an excess you are willing to cope with, I think some companies now offer policies with low or zero excess for uninsured 3rd party claims. Your friend should try to make sure this is at least recorded as a non-fault claim, possibly worth trying to pursue the perp for the excess, if they wrote their car off in the other incident/s they might at least be getting a cheque soon. On the other hand she could have some sympathy for the woman with mental health problems and ask questions of her councilors about what ongoing care is going to be provided for her.
Thanks for the replies. Yes, the insurance will pay out, but the damage is probably just a few hundred more than the excess. Windscreen has already been replaced on the glass cover part of the insurance.
It seems there is little chance of getting the woman to pay - she appears to have very limited means so there is little point in pursuing this avenue. The galling thing seems to be that she has got off scott free.
Whilst having sympathy for her mental health needs and with us both working in the NHS, we see the shortcomings of mental health care provision, she's now faced with a sizeable outlay. Could the woman's home insurance (if any) be a potential avenue?
SD.
It seems there is little chance of getting the woman to pay - she appears to have very limited means so there is little point in pursuing this avenue. The galling thing seems to be that she has got off scott free.
Whilst having sympathy for her mental health needs and with us both working in the NHS, we see the shortcomings of mental health care provision, she's now faced with a sizeable outlay. Could the woman's home insurance (if any) be a potential avenue?
SD.
shed driver said:
Thanks for the replies. Yes, the insurance will pay out, but the damage is probably just a few hundred more than the excess. Windscreen has already been replaced on the glass cover part of the insurance.
It seems there is little chance of getting the woman to pay - she appears to have very limited means so there is little point in pursuing this avenue. The galling thing seems to be that she has got off scott free.
Whilst having sympathy for her mental health needs and with us both working in the NHS, we see the shortcomings of mental health care provision, she's now faced with a sizeable outlay. Could the woman's home insurance (if any) be a potential avenue?
SD.
Too late now, however I happened on this via another thread, never knew this existed, though given the CDW you can buy for a hire car it seems obvious.It seems there is little chance of getting the woman to pay - she appears to have very limited means so there is little point in pursuing this avenue. The galling thing seems to be that she has got off scott free.
Whilst having sympathy for her mental health needs and with us both working in the NHS, we see the shortcomings of mental health care provision, she's now faced with a sizeable outlay. Could the woman's home insurance (if any) be a potential avenue?
SD.
https://www.pistonheadsgap.co.uk/excess-insurance-...
shed driver said:
As far as I'm aware she was arrested, quickly conveyed to A&E under a 136, detained in hospital for a while then discharged.
My colleague is just upset that she has to claim on her insurance with apparently no way of recouping any of her costs.
SD.
What costs would she incur though? My colleague is just upset that she has to claim on her insurance with apparently no way of recouping any of her costs.
SD.
Even if the other person was in a car she would still need to pay her excess (although happy to be corrected.)
Surely she pays excess and insurer foots the bill for everything else regardless of circumstance.
DaveH23 said:
shed driver said:
As far as I'm aware she was arrested, quickly conveyed to A&E under a 136, detained in hospital for a while then discharged.
My colleague is just upset that she has to claim on her insurance with apparently no way of recouping any of her costs.
SD.
What costs would she incur though? My colleague is just upset that she has to claim on her insurance with apparently no way of recouping any of her costs.
SD.
Even if the other person was in a car she would still need to pay her excess (although happy to be corrected.)
Surely she pays excess and insurer foots the bill for everything else regardless of circumstance.
Also, if the person doesn't have protected NCB then by making the claim they will lose a percentage of their NCB, which again wouldn't happen if they were hit by a car in a no-fault claim.
Although I think some insurance companies like Direct Line don't punish you if you claim for vandalism.
shed driver said:
Thanks for the replies. Yes, the insurance will pay out, but the damage is probably just a few hundred more than the excess. Windscreen has already been replaced on the glass cover part of the insurance.
It seems there is little chance of getting the woman to pay - she appears to have very limited means so there is little point in pursuing this avenue. The galling thing seems to be that she has got off scott free.
Whilst having sympathy for her mental health needs and with us both working in the NHS, we see the shortcomings of mental health care provision, she's now faced with a sizeable outlay. Could the woman's home insurance (if any) be a potential avenue?
SD.
I'd daresay based on the fact she has a mental illness that she hasn't got off scot free..It seems there is little chance of getting the woman to pay - she appears to have very limited means so there is little point in pursuing this avenue. The galling thing seems to be that she has got off scott free.
Whilst having sympathy for her mental health needs and with us both working in the NHS, we see the shortcomings of mental health care provision, she's now faced with a sizeable outlay. Could the woman's home insurance (if any) be a potential avenue?
SD.
Your friend has insurance, to claim from in the event of a loss is what it's for.
Yes it's annoying it'll affect her financially but things could be much worse.
shed driver said:
As far as I'm aware she was arrested, quickly conveyed to A&E under a 136, detained in hospital for a while then discharged.
My colleague is just upset that she has to claim on her insurance with apparently no way of recouping any of her costs.
SD.
Ahhh ok so sectioned by a psychiatrist and admitted to hospital following the episode, but not just seen at a and e then discharged? My colleague is just upset that she has to claim on her insurance with apparently no way of recouping any of her costs.
SD.
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