Legal Question in Criminal Law in California

Why am I being called to court?

My car was stolen from my house and the police recovered it after a high speed crash that resulted in it being totaled. The thiefs were arrested and go to court on July 17. I received a notice telling me that I also need to appear in court on that date. Is this just standard practice? I do not understand why I need to appear since I was fully insured. I thought that my insurance company would be the ones to handle all of the legal issues.


Asked on 7/14/03, 3:06 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Why am I being called to court?

You are probably needed as a witness. Somebody has to tell the court that the car was yours, that it was in usable condition before the accident and that the defendants did not have permission to drive it, etc. Your insurer cannot do this for you.

Later on, the insurer may file a civil lawsuit against the thief in order to recover the money it spent on your claim. It will probably have to do this in your name, and you will have to cooperate to some extent in that lawsuit. This means your testimony will probably be needed again if they do file such a suit.

If the insurer sees that the defendant has no money and will be spending the next several years in prison instead of earning an income, then it may decide to absorb the loss and not file a civil suit.

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Answered on 7/14/03, 1:59 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Why am I being called to court?

Thank you for your inquiry.

If there was a criminal prosecution related to this case, the insurance company, which typically deals with the civil and/or financial side of things, cannot testify for you.

You may be needed to testify at a preliminary hearing, or at trial. In a criminal case, you would be one of the crucial witnesses, as the complaining victim in this matter.

I hope that this answers your question, but if you need further information, have other questions you need answered, or feel that you need legal representation, I am happy to help in any way that I can. Please feel free to email me directly at [email protected].

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Answered on 7/14/03, 2:40 pm


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