Legal Question in Civil Litigation in California

In April 2010, my car was stolen from a public parking structure. I only had liability insurance at the time so I took the financial impact of that loss. I estimate the loss to be at approximately $15,000. I just got a call from the detective handling the case telling me that they found the car. Someone reported some suspicious activity and when the police showed up, they stopped a private tow truck driver with the car on his tow truck. They arrested the driver for possession of stolen property. Can I sue the driver in an attempt to recover the value of the car? I do not know exactly what legal recourse I have and any guidance would be greatly appreciated.

Additionally, the car was completely stripped and the front end of the car was cut off so the car is junk.

Sincerely,

AJS


Asked on 7/15/10, 11:38 am

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Yes, you can sue the driver and his company for conversion (the civil equivalent of criminal theft). You might fare better applying to the CA victim's compensation board. If he's been charged, he might be required to pay you back for your loss as part of his sentence. You might want to get your ducks in a row to get evidence of the car's value, ownership, etc. You might give the prosecutor a call as well, to chat about being a witness and compensation.

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Answered on 7/15/10, 2:57 pm
Anthony Roach Law Office of Anthony A. Roach

Yes, you can sue the tow truck driver, and his employer. If the car is completely destroyed, you can sue for conversion for the value of the car. If the car was only partially destroyed, and you want to keep the car, you sue for the damage under what is known as "trespass to chattels."

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Answered on 7/15/10, 5:34 pm


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