Legal Question in Criminal Law in California

Can I sue for possible car theft?

*Car stolen. (Major problem with Hondas and Acuras in San Diego)

*Motor and transmission found in a person's car police caught street racing. (Another major issue in San Diego)

*Value of car is over $15,000

*Because car was stolen I was forced to buy another car. Since having to buy another car, I am unable to qualify for a second loan or even co-sign for a loan to buy my fianc�e �who is currently pregnant - a car. My fianc�e is having extreme difficulty in searching for a fulltime job position that can accommodate her transportation needs.

*Situation has become financially more difficult for me and having to provide a means of transport for my fianc�e has forced me to temporarily drop out of college until the situation improves.

*Because stolen cars and parts rarely goes through several parties, I'm positive the person arrested for street racing either stole my previous car or knows who did. Can I sue this person?


Asked on 1/13/03, 9:02 am

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Can I sue for possible car theft?

Thanks for your posting.

Can you sue the person who had your car engine and transmission? Maybe. It would help your case as far as liability if that person pled guilty (and not "no contest" to receiving stolen property, or to grand theft.

It hurts your case, however, to sue a thief. For one, insurance will not cover an intentional act (such as receiving stolen property or theft), and typically, those who steal do NOT have many assets to go after in a judgment, and may end up in jail or prison for a long period of time, within which you will get nothing.

If you know something about this person's financial net worth, you can make a judgment call as to whether or not expensive litigation, which may require you to put several thousand up front during the timeline of the case, is worth the chance of recovery later.

I hope this helps, but if you need additional assistance, have other questions, or feel you need representation, please feel free to email me at [email protected]. I'm happy to help you if I can in any way.

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Answered on 1/13/03, 2:54 pm


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