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Car Broken Into - Arrest Made Restitution?

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blahze9

Junior Member
What is the name of your state? New York (New York City)

Hello,

Wasnt sure which board to post in, thought I would try this one first.

Last week, my car was broken into items stolen including GPS, Radar detector, Steering wheel (yes the entire thing not just the airbag), etc.

Luckily there was a witness and the cops were able to track down the suspect and made an arrest. Some items were found on his possession, however not all.

My theft coverage under my auto insurance policy is covering some of the items, and my renters insurance is covering the other items, however I will have a total out of pocket loss of at least $1,000 plus some car rental costs as my vehicle is being repaired. The $1,000 includes the $500 deductable from my car insurance, and the $500 deductable from my renters insurance. Neither insurance will cover the car rental costs.

I contacted the Assistant District Attorney who is handling the case, and she told me that he is definately looking at jail time based on his past criminal history, and the two felonies that are coming from my case, and that restituion is not a viable option since he will be in jail. I heard from another source that restitution is possible, however since he is in jail, I would be looking at getting max $1.00 per day.

How should I proceed from here to get restitution from him? Can I sue him in small claims court for this if he is going to be in jail? Would he be allowed to appear in civil court? Any other ideas?

This whole scene is new to me, so pardon me for my ignorance. :p

Thanks in advance.
 


JETX

Senior Member
How should I proceed from here to get restitution from him?
Though ordered restitution is probably a waste of time, you should pursue it simply as a fact of record.

Can I sue him in small claims court for this if he is going to be in jail?
Yep. He can be served in jail.

Would he be allowed to appear in civil court?
Depends entirely on the facts... but more than likely, yes.

Any other ideas?
Yep. Get better insurance.... or leave fewer things (visible) in your car.
 

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