Vehicle Damaged During Criminal Act...

by P

I let a friend use my vehicle. While they were using the vehicle it was involved in a shooting causing damage to my vehicle. The criminals were caught shortly after and charged with recklessness endangerment, unlawful discharge of a firearm and some other charges, I do not recall at the moment.

Also at the time of the crime my vehicle was parked in my friend's yard. So my question is, must I wait for the case to go to trial before I can get restitution? Does the criminals' insurance company pay me? Or do I have to sue on my own individually? Any information you can give would be appreciated, thanks.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Vehicle Damaged During Criminal Act...":

P (USA):

You pose some interesting questions. Hoping the criminals' insurance companies will pay for your damages is a great thought, but the probable reality is that the criminals don't have insurance. That's why they are criminals.

Contact the prosecutor. You will have a much better chance of getting restitution through the criminal court system than most other ways.

If the prosecutor decides to offer the criminal(s) a plea bargain, you can ask the prosecutor to include as part of their probation requirements each of them pay collectively and individually for your damages. That way if any one of the criminals fails to pay his monthly payments of restitution his probation will be violated and he, or they, will go to jail.

You can sue the criminals in Small Claims Court, but again, because they are criminals your chance of prevailing will be minimal. You aren't required to be represented by an attorney in Small Claims Court, but paying the filing fees may be a waste of money.

Your best, and maybe only bet will be through the prosecutor's office.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Car Accident Questions

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review: