Can I sue someone who was caught stealing parts out of my stolen vehicle?
I'm hearing from a few sources that it is possible to actually personal sue anyone caught stealing parts of a vehicle off of a stolen vehicle. Any advice or thoughts on this? I have the guys name who was caught removing the hood and attempting to remove parts under the hood. Even if the insurance company pays for the value of the car, I will still be out the $8,000 I have already paid on the car the previous 2 years. Something needs to be done about car theft. They are getting away with way too much. Let's write congress a bill!!
Answers:
Let me see if I have deciphered this correctly.
Your car was stolen and then another person was caught removing parts from it? If that is the case, then yes you can sue him for the theft. Maybe you can even get the police to charge him with the auto theft while you are at it. Even if he is the same one that stole your vehicle, you have the right to sue him. The police case would be a criminal one, but you can still pursue resolution through civil court as well.
Good luck.
Yes for mental anguish and depraved indifference and for being a ah...
You make it sound like you were driving a stolen vehicle and someone was stealing parts from it. Not quite sure what the question is. Someone stole your vehicle and are selling the parts? Is that what you are trying to say?
You can sue anyone for anything in small claims court OR if you can find a lwayer to represent you you in larger cases
You can. First, you need to PROVE the charges. Then, if you win, you get a judgment. And there is no legal mechanism for collecting on a judgment, so you are out the attorney fees and court costs.
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KrazyKyngeKorny(Krazy, not stupid)
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Good question. You ARE out of all that money you put into it because of worthless, non working thugs. In my opinion, I hope the answer is yes and yes.
If you bought a stolen auto for $8000 you need to get ripped off/ how did you ever insure it?
I assume when you write "your stolen vehicle" it is a typo because of your mental angusih, you are not meaning to write that what you owned was a stolen vehicle, that then someone else stole parts from, rather you mean to say that your vehicle was stolen, then someone was caught in the act of dismantlng it for parts.
Hopefully that person is now in the hands of the court system, awaiting trial, and any funds they have being used to pay for legal aid to fight that imprisonment, so what you can recover from their assets might be limited.
You will probably spend more money on lawyer in law suit, than anything you can recover from them, and both their lawyer and your lawyer will make oodles of money off the two of you, but it is worth it to you to get even with this person who inconvenienced you.
Just so you know up front, this is going to cost you more than it has already.
Also, any legislation you manage to help get passed. It is not going to be retroactive, only agaisnt future behavior of this kind.
Car theft is a huge crime. I think our efforts can be better utilized figuring out how to help law enforcement combat this menace.
You don't have to sue.If he is found guilty the judge should order him to pay restitution for the damage to your car.You should talk this over with the DA.If he is not found guilty,then you can take him to court.This will not be small claims,it will be a civil suit.(Remember O.J.)?
your question is worded strangely.
If you had a car and it was stolen and you got it back then nobody owes you anything, and if something is wrong with the car then your insurance company should foot the bill.
"attempted" theft is what those guys did (seems you said they didn't take anything) and the police will eventually catch them all and they will do time.
Yes, any time you lose a car then you have to pay the balance to the loan company, or it goes on your credit report and you can rebut that. But, usually the car is found and returned...use it the way it is and continue paying till the loan is paid off. If you have a very small balance a loan company will let you purchase another vehicle and then the amount of the loan is increased.
How you counter that is to drive a clunker car and keep nothing important in it.
An alternative to hiring an attorney is filing a claim in small claims court. If you then get a judgment, (the thief's not showing up to defend himself, the judge will automatically rule in your favor) there will be a warrant for the thief's arrest. That means he will have to be looking over his shoulder all the time in fear of being caught for ANYTHING. If he has a headlight out, police will find out about the warrant when they run a check on him and throw him in jail ---then he will have to do time or pay you back.
Yes,definately,but remember their thieves so you won,t get money from them. Sorry,but I'd just consider the loss. It'll cost you more in the long run. Believe me. And what goes around,comes around!
You can sue, but, you need to prove the amount of damages this particular guy has caused. He was caught removing the hood and parts, so he would be responsible for that damage. But if you cannot link him to stealing the car, it will be hard to prove that he is responsible for all of the damage to it.
But even if you can prove that the car was totalled by the acts of this particular guy, you may still not win any money in court, because you have already been fully paid by the insurance company. Under the law, you are only entitled to receive the fair market value of your car if it is "totalled". This "blue book" value is the amount your car is worth on the day is it is lost, not what you originally paid for it or the amount of money you put into it. Also, it does not matter how much you still owed on it.
If insurance is paying $7,000 and you can prove it was worth $8,000, you can sue for $1,000. But if it was only worth $7,000 or less, you cannot win--you have already been reimbursed.
As for the court-ordered restitution, the first $7,000 will go to the insurance company.
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