Legal Question in Criminal Law in Missouri

Suing for damages on motorcycle theft?

My boyfriend bought a motorcycle-classed 150cc scooter for me on Thursday for our anniversary. It was brand new, only had a couple of miles on it from being test driven. It was in perfect condition. The scooter was purchased at $2195.

It was stolen on Friday night and we only had liability insurance. We caught a young man riding it today and got him to pull over. He stated that he didn't know it was stolen and cooperated with us and the police.

My scooter has numerous damages to it. Though we have not had an official estimate done yet, after looking up parts, I'd guess that it will cost about $1000 to fully restore the bike.

My question is, if the police do indeed find the culprits, how should I go about suing for damages? Should I take it to small claims or criminal court? I assume the state will prosecute, seeing as though it was over a $2000 bike and that is considered Grand Theft Auto (or at least, that is what I was told).

How should I proceed? I plan to get an official estimate tomorrow for the damages and take pictures of the bike.

I was wanting to ask for damages, plus the cost of the bike, but I doubt that would be plausible, would it?

Thank you for any assistance you may bring.

-Kristina


Asked on 5/01/06, 3:14 am

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Suing for damages on motorcycle theft?

Stay in contact with the prosecutor and the court in the criminal action. Your best avenue to get recompensed is to have the court Order restitution as acondition of any plea agreement for any defendant prosecuted. You should get your estimate as soon as possible, and then give a copy to the officer investigating the report (If any) then write to teh prosecutor, using the criminal report as a reference number. Make sure you give him a copy of the invoice after you have it fixed.

The next best option is to sue the person(s) responsible in civil court. You may get a judgment and not be able to collect it. Although it may be slightly possible that the person responsible has auto liability coverage that might pay for the damages to your scooter.

Good Luck

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Answered on 5/01/06, 1:27 pm


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