My boyfriend's CRAZY ex girlfriend was arrested and charged with felony vandalism for damaging my car. What do I do now about having my car repaired? Do I pay for it and then seek civil damages which could take a while? Do I file it on my insurance and then have them sue her? Will that affect my premium? I'm not trying to be out of any $$ over her foolishness!
2006-12-12 04:16:10 · 17 answers · asked by qtpisunshine 2 in Politics & Government ➔ Law & Ethics
See what you can do to prosecute her to fullest extent of the law. I'm not sure which state you are in, but most states hold the similar provisions. You are looking at two types of action, both of which can be taken.
1. Criminal Actions - punishable by jail time, restitution, community service, etc....
2. Civil Action - she must pay for the damages or she can be held in contempt of court... thus she will be back in category 1. In this typce of action, you can even get a lawyer (and should) to help you. If you do get a lawyer, you can request that she pay your legal fees.
I would turn it into insurance, because they can help you press charges and possibly file a civil action suite.
I will NOT or SHOULD NOT affect your premium because it was a non moving incident. if it does, I would switch insurance companies once all legal actions have been completed.
Keep in mind: REGARDLESS OF THE STATUS OF YOUR RELATIONSHIP WITH YOUR BOYFRIEND OR HIS RELATIONSHIP WITH HIS EX....WHAT SHE DID VIOLATED THE LAW.
2006-12-12 04:28:41 · answer #1 · answered by whathappenedamber 2 · 1⤊ 1⤋
It depends -
If his relationship was long over by the time you started seeing him, then take that crazy woman to court if you know she has the assets to pay for your car. If you have the money to fix it, get it done as you will need to do what is called mitigate your damages. This means if she broke out your windows you would need to repair these as if you haven't repaired them in a reasonable time and it rains this crazy girl isn't responsible for the water damage but just the cost to replace the window as you had a duty to cut your loses and at least put a plastic bag on the window, etc. Or if she keyed your car and you don't fix the paint within lets say a month and you just leave it, then if it rusts then she isn't liable for the rust damage but just the cost to touch up the paint job as you should have done something to fix the paint by then. (I work for a law firm).
Since it is under 5k most lawyers won't touch your case and you can sue her in small claims court.
If you were fooling around with him while they were together - I would just pony up and file it on your insurance and take the rate increase or get your man to pay for it as it was his sin that caused the wrath of this girl (wouldn't you be a tad mad a the girl your man was fooling around with???).
2006-12-12 04:24:14 · answer #2 · answered by Christopher McGregor 3 · 3⤊ 0⤋
Turn this in on your insurance and let the insurance company sue her. At least she has been criminally charged; that should make the matter pretty cut and dried for the insurance adjuster.
Good luck
2006-12-12 04:19:16 · answer #3 · answered by Anonymous · 1⤊ 0⤋
I've had that happen to me in the same situation. I filed it on my comprehensive insurance. It didn't affect my premium because it was filed as vandalism. That un-nice person did 1300.00 damage to my car with a nail!!!!!!!
2006-12-12 04:19:51 · answer #4 · answered by Just here. 4 · 2⤊ 0⤋
the best thing to do is call your insurance company and ask if there if your premium will increase if you claim this on your insurance...I am inclined to say yes but it would allow you to get your car fixed and then file suit against her to get reimbursed. I can understand that you dont want to have to pay for her stupidity but unfortunately there is no quick way to get her to pay for it unless when she is senteced the judge orders immediate payment. Good luck to you.
2006-12-12 04:19:50 · answer #5 · answered by Stacy H 3 · 1⤊ 0⤋
i think i would talk with the insurance company first, see what they have to say about it, it would depend on what kind of policy you have and most likely it would have to be proven in court that she did the damage before the insurance company would pick up the claim. not 100% sure though. i would for sure take her to court, but like i said check with the insurance company first and get their opinion.
2006-12-12 04:20:36 · answer #6 · answered by bshelby2121 6 · 2⤊ 0⤋
File a claim with your insurance carrier and get a copy of the police report for them. They should handle the recovery of $$$ with her in court.
2006-12-12 04:20:17 · answer #7 · answered by Anonymous · 2⤊ 0⤋
Dump the guy and then call the insurance company and then sue for the rest.
2006-12-12 04:22:26 · answer #8 · answered by Anonymous · 1⤊ 1⤋
Call your insurance company and see if they cover that, if not then pay for it and then sue her for damages.
2006-12-12 04:18:35 · answer #9 · answered by Anonymous · 2⤊ 0⤋
File for insurance. Pursue her for the deductible.
2006-12-12 04:18:38 · answer #10 · answered by kingstubborn 6 · 2⤊ 0⤋