Legal Question in Criminal Law in California

My (now he is my) ex boyfriend took my car without my permission. He took my purse from the kitchen without my knowledge - I didn't know he had even left until the police come to my home with my purse in their hand. He does not have a license to drive. He was drunk, twice the legal limit, he then crashed my car into 3 different vehicles AND fled the scene and had to be apprehended thru helicopter surveillance. My insurance policy was closed 5 days BEFORE this incident happened. I called 911 and reported my vehicle stolen, when the responding officers came to my home to inform me about the incident she stated that I could not file this as a stolen vehicle report since he had been in my car before. Whaaaaat!!!! So, now I want to have him formally charged with stealing my car that day. Because of his drunk actions that day; I no longer have a vehicle, and I have been on disability for years with a very very limited income (hence insurance didn't get paid that month.) Which means I am just out of a car now without recourse? I talked to the responding officer and asked her since I couldn't claim the car was stolen, how do I go about pressing charges for him stealing my car.....She responded "we don't do that here" you will have to take him to small claims court. So, now I am totally confused. How do you press charges against someone if the police aren't involved???? (I might add SHE either had "little cop syndrome" or just didn't like me for no apparent reason) So she was not going to try to help. Was she right, they don't handle the pressing charges responsibility?


Asked on 10/30/17, 1:45 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

As you were told earlier to your similar question, and by police, whether they consider this a theft or not, your remedy is to sue the culprit IF that is financially worth doing. Without collision insurance on your car the damage to your car will not be covered. What you haven't yet been told is that, without liability insurance on your car [required by law] to repay them, the owners of the other cars will want to sue the registered owner [you] of the car that hit theirs. Be prepared to have to defend or settle that. They will also name in the lawsuit the culprit driver, for whatever financial value that may be, and you can bring your 'cross' action against him then. You should vigorously try to persuade the police the car was stolen/taken without your permission, and for them to file a car theft complaint, as it will help you in that civil lawsuit. You have my sympathies, and you will need some real good luck in this.

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Answered on 10/31/17, 12:33 pm


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