Legal Question in Insurance Law in California

Property

the father of my child and I got into

an argument. while in MY vehicle,

that turned physical on his part. I got

out the car and away from him and

went to the nearest safe open area.

When I came back he was cutting

wires under my hood. The police

were called but he fled before they

arrived. I have filed a claim with my

insurance company claiming

vandalism, as well as a restraining

order. He is saying however that this

is a false report because I know who

did it so it is not considered

vandalism. Is this true? And can I

take him to small claims court to

recover my deductible that I will have

to pay? I have him on my voicemail

admitting to cutting them and

threatening me. I solely own the car

and he is not on the insurance.


Asked on 6/16/09, 7:35 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Property

The name of the tort he committed against you is called "trespass to chattels" (also "intentional infliction of emotional distress") and you should be able to recover actual and punitive damages in small claims court up to $7500. Good luck.

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Answered on 6/16/09, 2:25 pm


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