My car was stolen early Saturday morning, and it was returned to me this morning.. I was wondering if it were possible to sue them. Considering the fact that i missed 2 days of school and work, and there was severe damage done to my car.
2007-02-20 04:29:57 · 6 answers · asked by Artax 1 in Cars & Transportation ➔ Insurance & Registration
I'm sorry, I didn't include this. Yes, I did report my car stolen to my local police station and to my insurance agency. I only have liability on my car, its a 1990 Honda accord. I don't think liability covers any damages done to my car. So I'm screw in that department. I guess i can sue for what i pay out of my own pocket. They caught the 2 people who stole my car.
2007-02-20 05:01:25 · update #1
If they caught the thief, he'll be tried for stealing it and you can try civil suit if you wish but I doubt that the guy who stole it had any money to start with.
If they don't have the thief in custody, you don't have anyone to sue.
You're better off talking to your insurance company.
2007-02-20 04:39:53 · answer #1 · answered by JohanL 3 · 0⤊ 0⤋
Have you not already done a police report??? If not, why??
That should have been done Saturday, as soon as you realized your car was gone.
If this is a friend of yours who took the car, then you shouldn't protect them - they are definitely not your friend, they're a common thief!
If you try to file a report now, the police will tell you that it's a civil matter, because you have the car back and you didn't see fit to file one when it got stolen.
You can try to sue them in small claims court without a lawyer, and it's usually around $3000-$5000 limit on damages, depending on the state where you live. You'll have to check with your local court and see what the limit is and then decide if the damage is within that range.
If it's not in that range, then you may have to get a lawyer and go above the small claims system. I think it's then in circuit court or something like that.
Either court will present one big problem for you: Your word against theirs. And most courts want a police report to show that you feel a crime was committed. If you have one, then great; but if you don't, it will be hard to prove that the car was stolen and not just loaned out to this person. Especially since the car was gone for over 3 days. All the other person has to say is that you gave them permission and it will be up to you to prove otherwise.
If you get a good judge, then they may be able to question the other party enough to break or destroy their credibility, but otherwise you may be in for a tough battle.
One last thing: Most people don't know this but a judgement against someone in court for damages is only that, a judgement. Most courts do not have the power to enforce collection of the owed debt. That will be up to you. Using garnishments and car or property liens are really the only ways to collect. They all require a lot of leg-work and keeping up with the person and their activities. You may want to go after their car insurance, if they even have any (probably not since they took your car!).
Otherwise, as a last resort, file with your insurance company and take the licking on your rates.
Oh, and if you don't know the person because the police brought it back, then stay on top of the criminal case against the person. When he goes to trial, BE THERE! You can then ask for restitution, but make sure that you have estimates for all the damage as well as payroll records. Otherwise they won't set an amount. You can find out about the case from the local court where it's assigned, and it wouldn't hurt to find out about the Victim Advocacy program in your area. They also help with restitution. Make sure to get a full police report from your local law enforcement office as well.
Good Luck!!!
2007-02-20 04:53:19 · answer #2 · answered by Goyo 6 · 0⤊ 0⤋
Start with the beginning (makes sense doesn't it)
1) Report the car stolen and recovered. You can choose to press charges later or not if it was someone you know.
2) Let the police do their thing and get a copy of the report. If the person who stole it is identified you need to get that too. Let the criminal action run its course while you:
3) Get an estimate for damages and losses and itemize it.
4) Send the costs via registered letter to the individual. Give them a reasonable time (say 10 days or 2 weeks) to respond and establish an acceptable method of payment.
5) No payment? If it is under $5k (or whatever your state's limit is) file a small claims action ('Wapnerize' them). If they are minors, file the action against the parents or trusees.
6) Kick back and wait. If you go to court, be prepared to substantiate:
a) The theft (hence the police report naming the responsible)
b) The damage (the amount to repair the car via est., photos, etc)
c) The costs: Lost work, car rental during repairs, etc...)
Thats all there is to it,
.
2007-02-20 04:54:19 · answer #3 · answered by ca_surveyor 7 · 0⤊ 0⤋
Who is them? The police for finding it? The guy who stole it in the fist place?
If you have the coverage for theft on your insurance, that would be the place to go to be reimbursed for any damage done. As far as missing two days of work, why didn't you mitigate your damage there by renting a car for those two days? You might get the cost of a rental, you won't get your wages for two days though.
Yes, if your insurance doesn't cover the damages, you can sue the person who stole your car, and probably even get a judgment that he owes you some money. That will be a piece of paper. Good luck on trying to collect. Do you really think the person with the mentality to steal and wreck cars will suddenly go "Oh wow, the court said I owe this. I'd better go pay it!"?
2007-02-20 04:47:25 · answer #4 · answered by oklatom 7 · 0⤊ 0⤋
You can sue for damages, but not time lost for school and work. You need pictures of the damage, the police report verifying the theft and the thieves names. Then you need the insurance report and estimates. You can try to recover "out-of-pocket" expenses, including photo and copy costs and court costs, for your loss, minus the deductible from the insurance. Then you need to file a small claims court action and make sure you have all the data to take to court. It may take as long as two years to recover any money lost, and the courts may set up a payment plan for the criminal(s). If all this is worth it, then go for it.
2007-02-20 04:42:16 · answer #5 · answered by rex_rrracefab 6 · 0⤊ 0⤋
Well if you know who did it then do a police report on them...I would especially if it were my car...
2007-02-20 04:38:14 · answer #6 · answered by Anonymous · 0⤊ 0⤋