Two juveniles jumped in my car and took off and totaled it out when they got in a high speed chase with the police. Insurance did'nt cover all of it and I'm still left without a vehicle and the remander of my finance charge. I've also lost wages at work. What am I to do when they just let these juveniles walk. Are'nt I intitled to something? I don't have the money to hire a lawyer, do I need money up front? I need legal advice ASAP.
2007-03-13 05:00:52 · 11 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
I am assuming from your question that:
1.) The responsible juveniles were apprehended
and
2.) They are still being adjudicated
You need to contact the Prosecuting Attorney in the case. Hopefully they have already contacted you as the crime victim to let you know they are handling the case. Let them know about your monetary loss (you may need to produce proof of the gap between your insurance and what you are out). Ask them to request restitution at the trial.
If the criminal case is still pending you can do this to get the money you are out, and the prosecutor is your attorney so you don't need to hire one. Puls it would be a term of their conviction/probation and they can be jailed for not paying it, try that with civil court.
Failing being able to do that, you can file a civil court action on your own, without an attorney, usually for less than $20.00.
While I agree with your feeling that the juveniles will probably get off light, unfortunately they usually do. But restitution isn't something judges usually pass on, the kids (or their parents) should at least be held liable for that part of it.
You might also try contacting your State's victim's of crimes organization. I don't know how much assistance they offer with your type of crime but they are there to help victims. They may have a few more ideas for you.
2007-03-13 06:45:36 · answer #1 · answered by Kevin 6 · 0⤊ 0⤋
You can sue the minor in Small Claims Court, but the tricky part will be collecting even if you do get a Judgment if the minors do not have a job and the parents don't want to pay on behalf of the child. The Judgment can remain active for usually 10 years, but then you have to go about trying to chase them down to collect it.
The upside if you win and get a Judgment is it will remain on the Credit Bureau Report for the next 7 years and impact their ability to get credit, and may even impact their ability to get a job, so at least they are punished in that way. They may even decide to pay the amount of the Judgmemt just to help improve their credit score/ability to get credit.
The limits limits vary from State to State as to the maximum amount you can sue for - usually somewhere between $3,000 - $6000). You do not need a lawyer; all you have to do is get a copy of the police report (and hopefully the report is complete and accurate) and pay the filing fee (which you could request be returned to you in the suit). You would need to have documentation as to what the insurance paid, what wasn't paid but other estimates that you have received indicate are still needed if the car is not totalled out, amount of finance charges still owed and the charge for a rental car (but not the insurance on the rental car). You would not be able to get anything for lost wages or pain and suffering, again, because those are only awarded in physical injury cases.
You could consult with an attorney, but it is likely you would end up paying more than you would ever be likely to receive. I don't see any attorney taking this on a contingency fee basis as there is no personal physical injury to you involved. I know, not fair, but that is how the law works.
2007-03-13 05:26:05 · answer #2 · answered by bottleblondemama 7 · 0⤊ 0⤋
Contact the Police Agency that is in charge of the case and tell them to put in the report that you want restitution. You may need to contact the Prosecutors Office and tell them you want to be included in the sentencing on these two thugs. At sentencing you tell the Judge that you want restitution. You could also talk to a Lawyer and have him sue the parents and make the legal billls to be covered by the parents. Good Luck
2007-03-13 05:08:46 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You have several choices! Go to the prosecutor (DA's) office and have a chat about restitution as a condition of sentencing! Or, you can sue the pair! However, the first option has bite to it in that if they fail to honor restitution they go to prison where as the second choice has statues of limitations regarding collecting the debt!
Myself, I like states like WA that allow you to just shoot them on the spot during their criminal act! Somehow removes the prospects of "recurrences"!
2007-03-13 05:11:37 · answer #4 · answered by Anonymous · 1⤊ 0⤋
If you are a 'weak' citizen from different inexpressible points, you have very less chance to get the statutory justice in this regard. But if you are strong enough, you may sue against the police for not giving you proper safety of your wealth.
Please, remember that laws are like the nets of the spiders; only the small insects are stuck in those, the stronger ones just shatter the nets and get their ways.
2007-03-13 05:12:51 · answer #5 · answered by The Falcon 2 · 0⤊ 2⤋
go to free legal aid and ask them this question! these punks have caused you a lot of grief, and i think that you should be able to sue! the parents for the damage on car, and lost wages you suffered as result of their criminal actions! however, i highly doubt it, sadly, if you will see a penny! these types of people will never! be willing to pay, even with a judges order! good luck!
2007-03-13 05:22:15 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Sue the parents or legal guardians. If they are considered adults sue them, get a judgment and pursue it. The law is on your side.
2007-03-13 05:06:35 · answer #7 · answered by Jacob W 7 · 1⤊ 0⤋
Get the police report.
Contact them personally to ask for compensation (they will say no)
Go to civil court.
2007-03-13 05:04:12 · answer #8 · answered by Blue 4 · 1⤊ 0⤋
call the police
2007-03-13 05:18:14 · answer #9 · answered by charles h 4 · 0⤊ 0⤋
I can get you legal advice as soon as tomorrow.
2007-03-15 10:52:30 · answer #10 · answered by gatorgirl 5 · 0⤊ 0⤋