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lwpat
lwpat, Attorney
Category: Legal
Satisfied Customers: 25386
Experience:  Actively practicing trial attorney
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My car got vandalized, how do I get monetary restitution from

Resolved Question:

My car got vandalized, how do I get monetary restitution from the person that did it
Submitted: 5 years ago.
Category: Legal
Expert:  lwpat replied 5 years ago.
If the police arrested them then the court will usually make them pay restitution as part of the criminal process. If they were not arrested you can sue them in small claims court for your damages but all that you will get is a judgment that you will then have to try and collect.

http://www.courts.state.va.us/resources/small_claims_court_procedures.pdf
Customer: replied 5 years ago.

I already have an estimate from a dealership for 2447$ for parts and labor, dealer will need 6 business days to fix my car, which means I will need 8 days worth of rental car (6 plus weekend) that is 680$ and I want 2000$ for diminish value of the car. Person that did it works with me and I know he doesn't have any money. When I asked police officer about diminish value he said he doesn't want to hear it and If I want i can sue him for just that. I afraid that if he is going to get arrested the court will make him pay for only parts and labour. With that bein said my question is:

1. How do I collect monetary restitution in such case for diminished value?

2. After he gets arrested, will court make him pay for my rental car?

2. You said to go to small claims court, all the abouve numbers add up to over 5000$ and if I will hire a lawyer It will add up way over 5K. Who will pay court fees and pay the lawyer?

3. How do I figure diminish value of the car? It seems objective and if so how do I defend my number, such as 2000$, in fornt of a judge if there is no chart that can tell me the exact diminished value. I got 2005 mustang GT worth 15K by the blue book and I got 4000$ worth of after market part in it.

Expert:  lwpat replied 5 years ago.
It is going to be difficult to get any diminution in value. You will be lucky to get your actual damages but since the party has been arrested, I assume, then there will be a provision for restitution but usually this takes years.You should consider adding full coverage to your insurance.

Edited by lwpat on 1/2/2011 at 2:32 PM EST
Customer: replied 5 years ago.

I do have a full overage but I don't want to have another strike against my insurance. In August, my motorycle was stallen and few years back my car was broken into. Plus I don't think that he should be able to destroy a property and walk a way because of I have an insurance. Also, he didn't get arrested because we both are in the Navy and I din't want him to get kicked out so we made a deal through the police officer that he will pay me back within 30 day, if not he will go to jail.

 

Q1: Would you advise me to take a lawyer.

Q2: Can I collect money for the repair from him and then keep it as a restitution for diminished value and have my insurance comany pay to fix my car?

Expert:  lwpat replied 5 years ago.
Q1: Would you advise me to take a lawyer.

Probably not over this small of an amount but that is your call.

Q2: Can I collect money for the repair from him and then keep it as a restitution for diminished value and have my insurance company pay to fix my car?

Your insurance company would have the right to the restitution.

An accept for my time is always appreciated
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