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Can I sue registered owner of vehicle used in theft & burglary?

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FeleciaCraig

Guest
What is the name of your state? California
I have a police report for the theft and burglary of my motorcycle from my garage. The report includes a vehicle description and partial license plate (due to tow ball blocking the view) from a neighboring eye witness. I found the vehicle and with the eye witness ID of the vehicle the police impounded the vehicle. Can I sue, in small claims court, the registered owner of the vehicle used to steal my motorcycle for the loss? Do I have to wait until the police have closed the case? The initial case has been closed but there is a supplemental report and case on the impound of the vehicle seen hauling my motorcycle away.
Thanks for any advice :)
 


I

I AM ALWAYS LIABLE

Senior Member
FeleciaCraig said:
What is the name of your state? California
I have a police report for the theft and burglary of my motorcycle from my garage. The report includes a vehicle description and partial license plate (due to tow ball blocking the view) from a neighboring eye witness. I found the vehicle and with the eye witness ID of the vehicle the police impounded the vehicle. Can I sue, in small claims court, the registered owner of the vehicle used to steal my motorcycle for the loss? Do I have to wait until the police have closed the case? The initial case has been closed but there is a supplemental report and case on the impound of the vehicle seen hauling my motorcycle away.
Thanks for any advice :)
Click to expand...

My response:

Was the registered owner of the vehicle directly involved in this crime, or was the vehicle being used without permission; e.g., stolen vehicle?

IAAL
 
F

FeleciaCraig

Guest
IAAL, Thanks!

No, the registered owner was not involved in the crime. And, no, the vehicle was not stolen. I suspect the husband or another male relative used the vehicle to steal my motorcycle. Thanks again for your thoughts!

FC
 
I

I AM ALWAYS LIABLE

Senior Member
FeleciaCraig said:
IAAL, Thanks!

No, the registered owner was not involved in the crime. And, no, the vehicle was not stolen. I suspect the husband or another male relative used the vehicle to steal my motorcycle. Thanks again for your thoughts!

FC
Click to expand...

My response:

Suspicions don't cut it in Small Claims, or any, court. There are too many variables to discuss with you until you actually discover the factual circumstances.

One such circumstance comes to mind called "principle / agency" law. We don't know if the owner loaned out the vehicle with actual consent, or whether someone borrowed the vehicle with "implied" consent. Unless you can show that the owner KNEW the purpose of the use of his vehicle by someone in the house, then all you can do is go after the actual driver.

In short, an owner is not directly, or vicariously, liable for the criminal acts of another.

IAAL
 
Last edited:
F

FeleciaCraig

Guest
Thanks a lot

IAAL,

Until the detective has closed the suplimental report to the first report on my stolen motorcycle, I will not know any of the facts in that report.


FC
 
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