# slashed tyres - county council refund?



## house (12 Aug 2009)

Hi all,

over the weekend all four tyres were slashed on my car, i reported it to the guards. Is there any where i claim for some of the cost?


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## Guest116 (12 Aug 2009)

Why would the county council pay for them?

Does your insurance cover it?


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## house (12 Aug 2009)

i told by a friend that they would pay for criminal damage?


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## samanthajane (12 Aug 2009)

No they wont pay for your tyres to be replaced you will have to go through your insurance. 
If they found the person responsible you might be able to make a claim against them but i wouldn't hold your breath. 

About 2 years ago outside my friends house, 12 cars were vandilised, tyres slashed, windscreens broken and they found the 'lad' that had caused the damages cause he was caught on cctv. But none of the people effected were compensated for the damage. Windscreens were covered under the policy and didn't effect their no claims but everyone else either had to pay out of their own pocket or claim through their insurance.


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## mathepac (12 Aug 2009)

house said:


> i told by a friend that they would pay for criminal damage?


Just to confirm what others have said, the council will not pay, some insurance policies *may* pay.


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## Brendan Burgess (12 Aug 2009)

aristotle25 said:


> Why would the county council pay for them?



The local authorities used to compensate people for malicious damage to their property back in the 1970's when I worked in the claims department of an insurance company.

But the law was changed many years ago. I would guess the mid 80's, but I don't know when.

Brendan


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## samanthajane (12 Aug 2009)

Do you know why it was changed? 

I'm thinking a lot of people cottoned onto when they needed new tyres just to slash their own and get free new ones.


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## nuac (12 Aug 2009)

Hi House. Sorry to hear of your trouble.

Yes at one time under the Malicious Injury code you could claim against the local authority for malicious damage to property. You would have been able to recover for damage to your tyres less the first hundred pounds.

"Malice" in this context means intentional as opposed to accidental damage.

The legislation goes back to at least 1848. It provided a mechanism where the owners of the damaged property could get a decree for the damage payment of the decree being levied on the ratepayers. Depending on the police evidence the court could levy on a particular DED or DEDs rather than the county at large. It was a way of enabling landlords recover damage to their property and to encourage teh neighbours to assist in locating the culprits.

There was a lot of interesting case-law, and interesting evidence. E.g if a haystack was burned over night it could have been anything from spontaneous combustion of the hay ( often happens ) to a courting couple having the cigarette after, apart  from actual malicious burning.

The insurance companies used to insist on claims being made in any burning case unless there was an obvious accidental explanation for the fire..

These claims were often in Circuit Court lists up to the late 70's, and could also be run in the District COurt. Costs awarded were low.   the Circuit Court had unlimited jurisdiction.   The main change came in 1984 when they were restricted to cases of damage by subservises or unlawful or riotous assembley ( have to prove 3 or more persons involved )

Malicious Injuries are still technically there, but very seldom taken now.


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## Cat101 (12 Aug 2009)

I banjaxed a tyre in a pothole a few years ago, stopped and luckly got the name of a passing witness, the council were liable and paid for it. Slightly off the topic, I know but still good to know just incase.


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## nuac (12 Aug 2009)

Cat101 - in your case the Council were liable as a highway authority rather than under  the malicious injury acts.


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## house (25 Aug 2009)

thanks for replies, reported it to cops, but as ye said no where to claim for the damage, cost was 4 x €70


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