Kid who stole my car was caught, What do i do now?

[vandep32]

What is the name of your state (only U.S. law)? Hawaii

My car was stolen from Hickam Air Force Base in Hawaii. The kid who stole my car was a military depend Air Force will not prosecute a juvenile. They have instead turned the case over to the local law enforcement.

Here is a little background about the case. I parked my car on a lunch break right outside of my house on base. I left the keys in the cup holder so shame on me for that but being a military installation i felt safe doing so. After it was stolen the police found it 5 days later park in an unauthorized parking spot for some residential neighborhood 30 minutes. The investigators had a person of interest that they have dealt with before that lived right around the corner from where the car was parked. After questioning him they got a confession and he showed them exactly where he took it from (my house). Like i said before it is a juvenile kid. I have not been given any information about him yet so i don't not know how old he is or anything else.

I need to know who is going to be responsible for the damages and the missing items from my car. I am missing a GPS unit, a pair of really nice running shoes, and my keys. Those were my only set for this vehicle. A set of keys for my other vehicle was also on the key chain so i am a little nervous that someone could take that vehicle too since the kid let his friends drive the car and now the keys are still not recovered. How will i determine how much i should get for the GPS and shoes since i do not have receipts for them? Also i have contacted local dealerships and received written quotes on how much new keys will be, and how much it will cost to repair the window they broke. Would they be responsible for rekeying all of my keyholes since one of his friends could still come back and unlock the cars? Or would they just be required to replace the key? How much can i realistically get from this kid/parents? Right now I cannot drive the vehicle since i dont have keys. Would i be entitled to any compensation for the inconvenience of that? The investigators are taking a while to transfer the case over to the local PD because this seems to be a big theft ring around here. I havent really been able to ask theses questions to anyone here yet.

Would it be worth it to try and resolve this outside of court. Could i reach out the the parents and see if they will cover the costs of repair and replacement? And if i do take them to court would i be able to tie in the lawyer fees and court costs into the lawsuit? My main goal is to get everything repaired and replaced ASAP, at the same time i dont want to come out of my own pocket at all! I know court can take a while and it will be more expensive in the long run for the party involved so would it be a good idea to strick a deal with the family in return that i dont press charges? Please let me know the best solution. Thank you.

 

[justalayman]

how old is the kid?

Is the state prosecuting the kid?






as to not having keys; call the dealer and get a key from them. You not obtaining a key is your delay so no, you do not get anything for travel time and such because you cannot drive the car.

 

[vandep32]

I stated in the post im not sure how old the kid is. Im also not sure what the state plans on doing because right now it is the military doing the investigation and they have not give me any info yet. All they said was they will be turning the case over to the Honolulu Police Department so i will need to wait for that detective to call me. I have contacted the dealer already, and i could get a key re cut but it will still have to be reprogrammed and they cant do that with out the car. so im looking at $180.00 for the keys plus towing costs to get it there. So im looking at around $250.00 to get a new key made right now which i dont really have right now.

 

[justalayman]

vandep32;3219502]I stated in the post im not sure how old the kid is.

it often makes a difference what actions you have available so I am not going to chasing unknowns.
.

I have contacted the dealer already, and i could get a key re cut but it will still have to be reprogrammed and they cant do that with out the car. so im looking at $180.00 for the keys plus towing costs to get it there. So im looking at around $250.00 to get a new key made right now which i dont really have right now

Ok, so it is not the kids fault you can't get a key so you cannot hold him responsible for you not getting a new key.

and that was the ONLY key you had to the vehicle? Most cars come with 2 keys (at least when bought new).

 

[vandep32]

Iit seems you are not trying to help me, but instead argue with me. I dont care so much that i cant drive my car, i was just wondering what i would be entitled to if i have to end up in court. You are right its not the kids fault that i dont go spend 250-300 dollars for new a key. But lets not forget why im in this situation! And i am not stupid so you dont have to tell me that 2 keys come with a new car. But my car was not bought new, and i only have one key for it. For the sake of this post i am assuming the state will prosecute and i will end up in court. So that being said lets stop this back and forth about me getting keys right now and lets focus on who is going to be responsible for getting everything replaced and fixed.

 

[justalayman]

I dont care so much that i cant drive my car, i was just wondering what i would be entitled to if i have to end up in court

. obviously you do or you wouldn't have said anything about it.

and you wouldn't have said this:

Right now I cannot drive the vehicle since i dont have keys. Would i be entitled to any compensation for the inconvenience of that?

you should be able to sue him. you should be able to sue the parents. It appears Hawaii has a quite broad parental liability statute. If you sue and you win, you can expect repayment for all damages to the vehicle and incidental damages. If you rented a vehicle to replace the one stolen, you can seek repayment of that money but that ends when the car was returned to you with the exception of if you need to rent a car while yours is repaired. Not being able to drive the car because you have not obtained a key is on you, not the kid.

as to rekeying the car that was stolen; it's a chipped key so when you get the new key, they will erase the codes for the original key so they won't be able to steal it.


the re-keying the other car; unlikely but what the hell. The worst that can happen is you are told no so why not ask for it/

I believe, but not certain, you would be entitled to reasonable attorney's fees. You generally are entitled to the court costs.


the gps and shoes; much harder to actually prove but what you would be entitled to is the depreciated value of each. Used shoes aren't going to be worth much of anything. How do you even prove you owned them if you do not have receipts (and no, I do not keep receipts for everything I buy so I would be as much at a loss as you if such items were stolen from me). I wouldn't hold my breath for the shoes and gps unit.


if the state prosecutes, you may be able to ask for restitution for your damages as part of his punishment.

 

[vandep32]

Thank you i appreciate the detailed response. As far a re keying goes, I know that when you replace a key the chip is also changed rendering the car usless to steal. But what about the dangers of the kids friends being able to unlock both cars using the old key/steal my other car. Am i able to use that as a valid defense to get them to pay for re keying all locks?

The reason i asked about being able to settle this outside of court is because i feel that being military and the offender being in a military family it would be much easier to strike a deal with the parents. Im sure the family would much rather take my word for things that were stolen and damaged then to wind up in court. Am i in the drivers seat in this case? Can i reach out to the family or would it be wrong to do so? Can i give the parents a deal in return i dont press charges? Does it work that way? Will the court set up any kind of meeting for us to talk to the parents? I know its not likely but i would really like the opportunity to ask the kid where my stuff went and to get some kind of apology.

Also how is the amount restitution determined?

 

[Ohiogal]

So did you turn this over to your insurance company when the car was stolen?

 

[Ohiogal]

Thank you i appreciate the detailed response. As far a re keying goes, I know that when you replace a key the chip is also changed rendering the car usless to steal. But what about the dangers of the kids friends being able to unlock both cars using the old key/steal my other car. Am i able to use that as a valid defense to get them to pay for re keying all locks?

The reason i asked about being able to settle this outside of court is because i feel that being military and the offender being in a military family it would be much easier to strike a deal with the parents. Im sure the family would much rather take my word for things that were stolen and damaged then to wind up in court. Am i in the drivers seat in this case? Can i reach out to the family or would it be wrong to do so? Can i give the parents a deal in return i dont press charges? Does it work that way? Will the court set up any kind of meeting for us to talk to the parents? I know its not likely but i would really like the opportunity to ask the kid where my stuff went and to get some kind of apology.

Also how is the amount restitution determined?

It is not up to you whether charges or pressed. it is up to the state. So you can't strike a deal with the parents that you won't press charges. The amount of restitution is determined by the value (current) of what was stolen. Used shoes and used GPS. Again, did you report this to your insurance company?

 

[justalayman]

Thank you i appreciate the detailed response. As far a re keying goes, I know that when you replace a key the chip is also changed rendering the car usless to steal. But what about the dangers of the kids friends being able to unlock both cars using the old key/steal my other car. Am i able to use that as a valid defense to get them to pay for re keying all locks?

well, I happen to have a universal key that fits over 99% of all cars ever produced. I suspect the kids have the same access to it that I do.



http://upload.wikimedia.org/wikipedia/commons/8/84/Claw-hammer.jpg

keys keep fairly honest people honest. A lack of a key does nothing to prevent a person intent on getting into the car/building/whatever.