Legal Question in Personal Injury in California

Recovered stolen Vehicle

Hello,

About 2 years ago my automobile was stolen. I had bare minimum insurance, so I did not recieve any compensation. To day I recieved notice from CHP that my vehicle was recovered, with some damage. The car in question is still being held for investigation purposes. If the investigation turns up anything fruitful, that may lead to a criminal prosecution of the individual/s, can I file a civil lawsuit against the individual/s for the theft and damage of my car, or for conversion? Thanks


Asked on 11/08/06, 5:49 pm

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Recovered stolen Vehicle

Sure you can; just decide on how much money you want to waste going after someone with no assets.

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Answered on 11/14/06, 1:25 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Recovered stolen Vehicle

You could file a civil lawsuit, however, you may be better off asking the DA to include the damage in the restitution amount. If criminal charges are brought against someone, your local DA should contact you as a witness or you could contact the victim/witness assistance program of the DAs office.

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Answered on 11/13/06, 3:58 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Recovered stolen Vehicle

I agree with Mr. Stein. I also want to note that your right to sue the alleged thief does not depend upon whether the D.A. decides to prosecute. D.A.s decline to pursue cases for a variety of reasons, and a decision not to prosecute does not mean or even suggest that the D.A. believes the accused is innocent.

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Answered on 11/13/06, 5:27 pm


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