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Someone stole my vehicle...

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K

KnCCarswell

Guest
What is the name of your state? NC
ok just a little description of whats going on and what would be my best interest of doing something. on Christmas night of 2002 my husband walked out from my sisters to smoke a cigeratte (no smokin in their house) and to start my car to let it warm up (because ) have 3 little kids). Well as soon as he walked in to get us we walked out and the next thing I know my explorer was stolen. :( I started crying like a baby!!! Well I called the cops and it took them about an hour to show up. Well they got my story and they was gonna start searching and see if they see my car or something, well as you know its christmas and we just left from havin our family night for christmas ,so my explorer had all of our christmas presents in it. SO no christmas for me nor my family. My sister came down on the 27th because my sister went riding around their area and started looking to see if they could find anything that would look like my explorer or the things in my car. Well they found this toy box that looked like it was something my son's airplane would fit in. I started crying again. I went down there and took my son's airplane box and it was his. I called the cops they said ok they was sending guys out on lookout. Finally getting to the point on the 28th the cops called my sister's house saying they found my car with a 15 yr old in the passenger seat and a 16 yr old driving my car. They had wrecked it and I could come to the site and see it. Of course I went , well making it short they took the boys to the jail house and for some reason they let the 15 yr old go without doing anything to him. And the 16 yr old ran right out of the jail house. HE was on the go from December until March 2003. Finally someone called me in march and told me they had him arrested and that there was a court date in april. I said ok I'll be there she said I don't habve to but I could go . I said no I'm coming. Well on April when we went to court they let him out of jail on a bound I think.(thats about the story)
Oh and details about the wreck it cost me $145 to get my car out of tow and when I got my money up to get it out that night I pulled my car out of the field and pulled it in their parking lot. I looked in my car to see how bad my damages were and just to take all this in . As I was looking in my car I found pot roaches in it and seeds in the ash tray. I called the cops out and they came and picked it up becauseI don't do anything like take not even smoke in my car. They picked it up and left. When I talked to the DA no one even said anythign to them about pot being in my car,In court they said I am going to have to take this to Supior court cause they don't handle that in this court. Ok I talked to the DA and they said we sould be going to court in about 4 months.
Just wondering what do any of you think I should do about whats happened because they are only charging the 16 yr old with having my car and damaging it . They said they can't charge him with stealing it because he is saying he didn't steal it his friend let him use it. Like I said to them how can they not charge him with just that. I said yuo don't know that he didn't steal it but you don't know that he did! I feel like I'm getting the bad end out of this and I'm the vitcim. What are my possiblities?!?! :mad: I'm all ears for any information on this case.
(TOTAL cost of damages including the things in my car and damage to the are are about $10,000... but they say I'm only getting the damages to my car which is -just the paint job is $3100 noy including under the hood damage.)
help me please!!!
 


racer72

Senior Member
They won't charge him with theft because the keys were left in the vehicle, it is called comparitive negligence. In other words, you husband was just as much at fault as the thief. Have you turned in a claim to your insurance company yet? If not you are probably in for another surprise you won't like either.
 

racer72

Senior Member
And I would also like to add that leaving a motor vehicle running with no one in visual contact is now illegal in many states including mine.
 

stephenk

Senior Member
sorry racer, but comparative negligence does not apply in a criminal case. CN is a civil defense.

the defendant can face charges of grand theft all the way down to joyriding.

Her insurance company wont deny the claim but they will most likely raise her rates for leaving the keys in the car. That is where the comparative fault comes in.

the poster can sue the driver of the car and his parents for whatever other damages she suffered that is not covered by her automobile insurance or her homeowner's insurance. She should make a claim on her homeowner's policy for the xmas presents that were stolen. Hope she kept all the receipts.
 
K

KnCCarswell

Guest
Just to let you know. I know my husband shouldn't have left it running but they are charing the 16 yr old with theif of my vehicle and for the damages to my vehicle. And all I had was compre. insurance on my car. I have most of the xmas christmas receipts but since it was stolen at my sister's they called their home owner's insurance and they told them that there's nothing they can do about it. So what other ideas do you have for me? My homeowners wouldn't pay anything would it since it didn't happen here?
 
K

KnCCarswell

Guest
Ohyeah and a little somethign else to add the police said that they have had problems out of him since about 3 years now. And while he was on the run from stealing my car he stole someone else's car. So in other words he is very known for stealing...
 

racer72

Senior Member
When my brother had his truck stolen the police use the comparitive negligence card in charging the thief with unauthorized use of a motor vehicle instead of vehicle theft. My brother left his truck running one morning when he went into a 7-11 to buy a cup of coffee. And when my truck was stolen last year the police tried to place some of the blame on me because the thief claimed he had permission to use my truck. In my case I got my truck back and my insurance paid for a new ignition switch. The dillweed that took my brother's truck wrecked it and because my brother only carried liability insurance, he got nothing. The judge even refused to order restitution because he said it would be like getting blood out of a turnup.
 

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