I recently split up with my husband. He came over to the family home to collect some personal belongings. While he was there I confronted him about seeing another woman while we were still together. I lost my temper and smashed the hood of his car with a metal pipe. The car is in both our names. He won’t be out of pocket because it’s covered by insurance. Can I still be charged with criminal property damage?
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Answer by Jo Wilson, Macleod 3085 VIC
- Yes. If the car is jointly owned with another person you can be charged with a criminal property damage offence.
- If the damage caused was under $5000 the offence you may be charged with is wilful damage. This is a summary (less serious) offence and can be dealt with by a magistrate in the Magistrates’ Court.
- It does not matter that the damage is covered by insurance. In this case any claim made on the insurance company may result in the insurance company seeking re-imbursement from you as the person responsible for the damage.