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Just a few days ago my husband and I heard our car start and looked out the window only to see someone driving away with it. Not even an hour later the police spotted the car and followed it. The thief ended up taking off doing well over 100MPH on our local highway. In the end the guy ended up totaling our car in the process of fleeing from police. He nearly flipped the car over the guardrail of the highway before he got out and ran. Police then followed by foot and also by helicoptor. Not only did they catch the thief, but also a passenger (a friend) he picked up before the chase. Anyway, they were both caught and they are both juveniles. I should also add that we still had a years worth of payments to make on the car (we got it brand new in 95). Now we are waiting to hear from our insurance co. as to how much they are going to pay for the car (the cops, garage where the car is being held, towtruck driver and my husband and I all agree that the car is not fixable). The police told us that we would have to appear in court in about a month. He also told us to ask the judge for restitution. So, my questions are as follows: Would it be wise to get a lawyer to attend court with us? Can we seek more than restitution? Is the kid even liable to pay restitution since he is a juvenile? Should we bring about a lawsuit against his parents? What can and should we do? This is the first time anything like this has ever happened to us and we really don't know what to do. Thank you for your time.



We don't want to be, nor can we afford to be out money! This is why I am wondering what exactly we should do at this point. And, let's say the Insurance co. (which is Allstate) does cover the remainder of our car payments, would it still be worth going after them? If so, for what? This is what I wanted a lawyers opinion for. I know it may sound like a stupid question but this is all new to us. We don't want to seem like we are out to get something but at the same time we feel that they should pay for what they have done.

As for the insurance co. pulling a fast one on us, we do know what the car was worth and if they disagree and tell us it was less we will fight them on it. They even told us we could.

They are also paying for a rental car in the amount of $20 a day for up to 30 days. They also told us this entire process could take about that long if not longer. We are hoping this is not so.

Well, thanks for your input. We will stand up for our rights! You can be sure of that.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by loudrich:
As juveniles...you demand the parents pay for all of the damages...you did nothing wrong.... why should YOU be out money?

Remember YOUR insurance company may be scumbags, and settle this for the book value of the car, which might be far less then what you owe pus the cost of getting another car.

Do you have rental car addition to you auto insurance...i do (Allstate) so that if you car is out of commission you are entitled to a rental car........on your policy...

Now you could get your insurance company to pay for a rental car until this is solved and they will sue the kids and parents to recoup their money.

Remember YOU DID NOTHING WRONG....this shouldnt cost you any money!

stand up for your rights!




You can ask for restitution for any damages you can prove were a direct & consequential result of the perps' actions. However, you need to get a signed waiver of subrogation rights before you decide what to ask for. You don't want to ask for $2000 to cover the gap, then have Allstate take it under subrogation rights!

Request restitution for any & all out of pocket expenses including: $$ the insurance doesn't pay, rental expenses you have to cover, time you have to take off work to attend court or shop for a new car, the loss you get from the fact that your new car is not as nice as your old car, etc. Be ready to prove all expenses you claim. The court can order even more restitution than you ask. Whether you can get restitution from juveniles depends on state law. Ask the DA's victim advocate. S/he'll know whether you can get restitution & whether you should bring a lawyer.

Sue the parents of both kids for their kids' intentional torts. The parents will be jointly & serverally liable, which means you colect from whichever one has money. If the parents are smart, they'll pay you off before sentencing on the condition that you not request restitution. (Get cash, not a promise to pay.)

This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

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