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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10816
Experience:  I have been practising for 30 years.
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I have been a victim of an arson attack on behalf of my

Customer Question

hi! my name is ***** ***** have been a victim of an arson attack on behalf of my lodger who is in custody and has admitted guilt to the police. i would like to know how to proceed legally . I have already put a claim in action on my household insurance and they have put me in temporary accommodation.please what should i do next?
Submitted: 2 months ago.
Category: Law
Expert:  F E Smith replied 2 months ago.

Hello for clarification - is the house destroyed?

did you have insurance that covered the lodger in your home?

Customer: replied 2 months ago.
I cannot find your response and i have already submitted payment
Expert:  F E Smith replied 2 months ago.

There is no government scheme view to be awarded compensation although the court can award compensation to be paid to you by the accused if they are found guilty. However if they are in rented accommodation, they are likely to have no assets or money that they are paying you, it’s likely to be a lifetime of payment which you may struggle to get.

In Northern Ireland there is a statutory scheme but not as far as I’m aware in mainland England & Wales.

You can however make a claim in England & Wales even if there wasn’t a prosecution if you can prove on the balance of probabilities (a criminal prosecution has to be proven “beyond all reasonable doubt” which is much higher).

Some reading: https://www.accident-claim-expert.co.uk/criminal/criminal-compensation-claim.html

If you want to speak about this on the telephone, I would be happy to speak to you but I have clients until about 3 o’clock. Please let me know.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

Customer: replied 2 months ago.
Could you please advise me on how to proceed
Expert:  F E Smith replied 2 months ago.

You need to start by getting quotations for putting right everything that was damaged in the attack.

If you have insurance then your insurer will deal with this including recovering the money from the culprit.

If you don’t have insurance, then you have to issue a small claims court proceedings against the culprit.

Contact the CPS (preferably by letter including the quotations) and ask them to make sure that the court orders compensation against the culprit if the culprit is found guilty.

If you are to arrange alternative accommodation which you are paying for yourself, that needs to be included in any claim you make.