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Restitution


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#1 qualityQ2

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Posted 23 July 2012 - 09:39 AM

My car was stolen by a 17 year old delinquent. He was ordered to pay restitution. He will be on probation until it is paid. After 6 months, if he still hasn't paid, can I go to small claims court and sue the parents for his wrong doing? I had total loss damage to my auto. I would like to recover my deductible, mental anguish,pain and suffering, court cost and anything else i could recover. How can I ever recover? Please give me some advice.

#2 LegalwriterOne

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Posted 23 July 2012 - 10:33 AM

You can sue him. Whether or not his parents are liable and to what extent depends upon state law. Also, many states have a cap on parental liability.

#3 Guest_FindLaw_Amir_*

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Posted 23 July 2012 - 11:07 AM

Before proceeding, you may want to consult with a local Personal Injury Plaintiff Lawyer to advise you on a possible claim against him or his parents.

#4 pg1067

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Posted 23 July 2012 - 11:25 AM

After 6 months, if he still hasn't paid, can I go to small claims court and sue the parents for his wrong doing?


Anyone can sue anyone for anything at any time. However, parents are not automatically liable for their minor children's wrongdoing. Whether his parents have any liability or potential liability depends on the laws of your unidentified state.


I would like to recover my deductible, mental anguish,pain and suffering, court cost and anything else i could recover.


I assume that your own auto insurance paid for the fair market value of your car, less a deductible. You should be aware that you can recover for the full value of the car, not just the deductible. However, your insurer may have what's called a subrogation claim for everything but the deductible, and you likely that an obligation to consult with your insurer before suing. You certainly cannot recover for "mental anguish" or "pain and suffering." Obviously, you suffered no pain because your car was stolen. Those sorts of things are generally recoverable only in personal injury actions.




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