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Stolen car returned

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justalayman

Senior Member
He's already told us that he didn't have insurance to cover this.
Ya. I saw quincy’s Post before I read all of the other posts



One thing I didn’t see is where the person in possession of the car had anything to do with the theft. Before op is going to win big bucks from anybody he’s going to have to prove who stole the car as that is the proper defendant.
 

quincy

Senior Member
The juvenile was the one driving the stolen car. S/he can be sued.

It is the thief who can be held liable for the theft. The current owner/driver can be sued for the damages to the car.
 

justalayman

Senior Member
The juvenile was the one driving the stolen car. S/he can be sued.

It is the thief who can be held liable for the theft. The current owner/driver can be sued for the damages to the car.
really? So if the kid believed he had come to possess the car legally he is still liable?

And for the kid to be liable for any damages, plaintiff needs to prove defendant actually caused damages. Maybe the kid got it with worn out tires and broken windshield.


But I disagree with your premise in general. The thief would be liable for damages stemming from his actions of stealing the car in similar fashion that felony murder is charged against the getaway driver of a car where others entered a bank and shot and killed a person within the bank. If not for the car being stolen by the thief the op would not have sustained the damages incurred, regardless of who actually caused the damages therefore thief is liable for all damages incurred by the owner of the car.
 

quincy

Senior Member
Your reasoning is not quite correct.

But I agree that there should be evidence to present to the court connecting the defendant to the damages.
 

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