Legal Question in Criminal Law in California

Vandalism Over $400 Damages

Recently, I got into an argument with another person and that person, out of anger, caused severe damage to my vehicle ($1,500 worth of damages), and I witnessed this person damaging my vehicle. No physical contact was made between parties, and the police arrived. I asked to press charges with the police and a report was taken. There also happened to be other witnesses and I have told the Detective assigned to my case. My understanding of CA Penal Code 594(a-b) is that this person will either face county jail time and a fine or both.

Question: If this person is convicted for vandalism, what are my civil options? Small claims to collect my insurance deductible? Can I collect for having to rent a car for 2-weeks while my car was in the shop? Could I sue for distress and missing work? Thank you in advance!


Asked on 12/31/03, 7:12 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Vandalism Over $400 Damages

Regardless of whether this person is convicted (or even charged), you have the right to sue him in small claims court. You can seek damages for your insurance deductible and for the rental car (as long as the insurance didn't pay for it), but not for emotional distress.

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Answered on 12/31/03, 7:40 pm


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