Legal Question in Personal Injury in New Mexico
11-year old wreck stolen car. Need help with tort law.
Two 11-year olds stole my 85 Chev Caprice Classic from my daughter's workplace (she is 18..a waitress). The police recovered the car the next night with the two boys in it. I don't have the police report yet but the tow truck operator said the kids had ran into a wall trying to escape the police. It is wrecked and probably totaled. 3 windows are busted, front grill is gone, dash has been ripped apart, the trunk won't open, three tires are flat, one rim is bent from where they must have jumped a curb etc. Do I need to get estimates for a car that is not operable sitting in the tow yard in order to take the parents to small claims court? Can I simply rely on the book value and try to recover that amount? Is there a provision for punitive damages in small claims court in New Mexico? The boys will probably be facing criminal charges, but because they are 11 and in NM, nothing will happen to them, because that is the way it is in our state. There is also the possibility that the parents have no money and may possibly be illegal aliens as the truck driver siad they could not speak English. Would a good legal term for the position I am in be "screwed?"
2 Answers from Attorneys
Bad luck in NM re the car
I think your situation looks tough. However, I'd advise you contact a NM attorney. Many attorneys offer a free initial consultation and that will probably clear up most of your questions. At least in my state of South Dakota, small claims court is only allowed for the recovery of debts or losses under a certain dollar amount--punitives aren't allowed. NM might have something similar, but again, contact an attorney. Also, the library or your county courthouse may have a flyer from the state bar on small claims court.It also looks as if your defendants could be judgment-proof. In other words, even if you are able to gain a judgment against them, they have no money or no assets to levy against. You should also check your insurance coverage to see if it covers the claim. Considering the age of the car, if you are able to recover, you might not get as much as you'd like.Again, consult with a local attorney for a full determination of your rights under New Mexico law. Good luck!
Whose Nickel is it?
How about a claim against your daughter's workplace for negligence in allowing the vehicle to be stolen. Of course, practical problems arise if she wants to keep her job.
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