Legal Question in Personal Injury in Missouri

Tampered & Destroyed my Automobile

My late father left me his estate.

My step father and his son (my half brother) took my fathers car, recked it, abused it and tore it up.

I had no choice but to fly to MO. have it towed to a dealer and scrap it. How do I handle my loss through court?


Asked on 4/07/02, 10:08 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Tampered & Destroyed my Automobile

Your question states that your father left you "his estate". My question to you is "What exactly did your father leave to you?" In other words, what did he own in his own name alone at the time of his death? Was there a Will? Was there anything done in Probate Court? It is possible that you may need some advice or even legal representation concerning these matters.

If your only concern is about the car, then it appears that you would have a claim for property damage. Was there insurance on the car at the time it was wrecked? If so, make a claim against the insurance company and let them handle it. You may need to prove your ownership of the car in order to receive payment under any insurance policy. Or, if you can prove that you owned the car, you may elect to file a suit against the person(s) responsible for the damgage. The suit would be filed in the county where they reside or where the damgage occurred. Depending upon the amount involved, you may be able to file in small claims court. No matter what the amount involved is, you would need to make more than one trip to MO to prosecute the lawsuit. If you are not already represented by legal counsel, I am located in St. Louis County and you may call me for a free telephone consultation at 314-727-2822.

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Answered on 4/08/02, 11:41 am


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