Have question regarding Vandalism

[king4wd]

What is the name of your state?California

My sister just recently had her car vandalized at 3am. 3 teenagers broke out two windows, dented her trunk and gas lid, and broke out her tail light cover. She now has the names of the three jerks and pursuing the matter. She's going to file trespassing and destruction of private property charges against them. She doesn't know these idiots, they did it because one kid got dumped by his girlfriend and he busted out her bedroom window and went across the street and did something there and then came onto my sister's street busted the windshield on her neighbor's truck across from her (the kid was friends with my sister's neighbor's kid) and then they walked across the street to my sister's house. These three idiots just bought themselves a 1992 Ford Mustang (they were in the process of selling it). What is your opinion of suing these idiots? Are the parents responsible for their kids negligence in Ca (I know when they are 18 they don't)? Some people think my sister is stupid for going after them, but I don't, in fact, I would have done the same thing. Plus, should she or can she sue for punitive damages? She is suing for the Kelley Blue Book value of the car. To replace the windows is $1100 and the car is worth $2600, not including the damage on the body. Thanks for your help!

 

[CdwJava]

My sister just recently had her car vandalized at 3am. 3 teenagers broke out two windows, dented her trunk and gas lid, and broke out her tail light cover. She now has the names of the three jerks and pursuing the matter. She's going to file trespassing and destruction of private property charges against them.

Why didn't she report the crime the day it happened? Reporting it after the fact will cause some problems.

Also, HOW does she know these kids did it? Have they confessed to her? Is there a witness that can put them at the scene and doing the damage? At 3 AM I am going to doubt there are too many potential witnesses.

What is your opinion of suing these idiots? Are the parents responsible for their kids negligence in Ca (I know when they are 18 they don't)?

IF it can be proven by a preponderance of the evidence (for a Small Claims civil suit) then they or their parents will be on the hook for the damages. However, if she says they did it and they say they did not, then there is going to be a hard time getting it before a judge.

Some people think my sister is stupid for going after them, but I don't, in fact, I would have done the same thing. Plus, should she or can she sue for punitive damages?

I do not believe you can obtain punitive damages in Small Claims Court in CA.

She is suing for the Kelley Blue Book value of the car. To replace the windows is $1100 and the car is worth $2600, not including the damage on the body. Thanks for your help!

I'd recommend she get an estimate on the body damage as well. $1100 is a far cry from $2600, and a judge may decide to replace only the windows if those are his two options.

Also, if there is sufficient evidence to make criminal charges stick against these kids, then restitution will be ordered by the court as part of sentencing (if convicted) and the court will need damage estimates there as well.

- Carl

 

[king4wd]

First: SHE DID report it to the police like 6 hours after it happened, she just had surgery and is on heavy medication so she didn't hear it happen. A neighbor heard it happen; futhermore, kids talk and a confession was heard and it doesn't necessarily have to be my sister who heard it (yes, it is hear say on her part). People are willing to testify to it!
Second: The only way to get an estimate for body damage on the car is to have pictures taken to the body shop; for A)it's got a blown head gasket, B) it's out of gas, C) even if it had gas, she's not allowed to drive until she's fully recovered from surgery!
Third: The body where the damage is would mean replacing the WHOLE quarter panel. The panel is bigger than you think and maybe replacing the whole trunk lid.
My sister has gotten estimates for this so far. Even if she got $1000 for it she'd be happy. Still these jerks has just bought themselves this car.