Originally Posted by FlyingRon
Originally Posted by kewo
What do you think suing the punk's parents is going to do? If you fear the gang stuff now, suing will likely make it worse.
- Since parents refused to settle for the cost of car and tow, I now want to sue for cost of car, tow, AND personal stress/inconveniences. This has caused me and my wife a lot of stress and incovenience of not having a car. I now have to find money to put a downpayment on a new car or purchase an old car (We are both students and don't have much). I have not parked in my parking space in fear my car would get vandelized. The car has been broken into before and got stereo stolen. I think it is by he same person/people. The suspect was gang affiliated
You can only sue for actual losses and expenses and you will need proof.
- Not including lost wages, what is a reasonable amount to sue for? (I'm not trying to bankrupt the family, but this has really caused me a lot of stress)
Not surprised. They likely don't give a damn what their kid does. If bringing home a stolen car isn't going cause them problems, suing them won't either.
Tried to settle with suspect's parents for cost of the car and cost of towing fee I had to pay. Did not include personal stress that caused us. Parents still refused to pay.
No insurance company, auto or home owners, is going to cover your losses that were caused by criminal activity.
If the family has car insurance would they cover it? The detective did say that if they had home insurance, that may cover it.
The DA can ask the judge for restitution. Paying you back will be required as part of completing any sentence. It wouldn't hurt to ask.
Contacted an injury lawyer (someone i've used before) and said to have DA handle it. Is this because they didnt want to handle it because they might not get any money? Or is this really the way to go? Will District Attorney take my case and get my money?
Depending on the case load, it can take months before the bad guy is brought up on charges.
- Contacted the local court to try get a hold of DA but they said the case is not yet in the computers so they don't know who is handling my case. It has been 1 week since the incident. Strange that its not in their system yet. I will try again later this week.
You would think so.
- The detective has sent me the suspect's/family's info (name/address), incident report, witness report, Police report, and such. It seems very clear that suspect is at fault and since is a minor (17yrs old) parents should be responsible.
No. It just means if he serves any jail time, it will be in an adult facility.
- If the suspect is tried as an adult, does that mean parents are not responsible?
The judge cannot order the parents to pay, they are not the people going on trial, if there is one. If you want money from the parents, you will have to sue them.
- If the judge orders that family to pay, what happens if family still refuse to pay? Cut money from their paychecks? Go after their home or cars?
If there is a crime victim fund, it would not cover your stolen car. They are generally used to help folks that would be homeless or destitute due to being a victim of a crime.
Is there a state funded crime victim resources available in california? If so am I eligable? How much trouble must I go through to get this?
Good luck, your going to need it.
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