Civil Suit Question

[51MEANTXGUNS50]

I don't like talking too much about the circumstances, but to make this real short and simple, someone stole and wrecked my car, I involved the police but she begged me not to press charges in return for compensating me for what I had to pay for repairs. I made the mistake of thinking she would honor her promise, but instead she skedaddled to AZ. She went out of her way to make herself unable to contact, and I have reason to suspect her parents deliberately sent her out there to avoid facing any kind of consequences for what she did.

My original plan was to file a civil suit against her for what she did, but considering the fact that her parents helped her go to AZ and also had previous knowledge of the fact that she has a history of alcoholism and stealing people's car's and wrecking them while drunk. I want to know if this would make them liable in any way. I only learned of her history of doing this from her father after it had happened, and the father even seemed to think it was funny that I had mercy on her to begin with and almost seemed delighted to tell me that I wasn't gonna see a dime of that money. I've never filed a civil suit before but many people have encouraged me to do so, so I figured, why not at least give it a try. So I guess that's my question, if the person who fucked up my car keeps avoiding me, can I hold her parents liable considering the fact they knew she had a history of doing this and failed to disclose this to me ?

Oh, and in case you're wondering, I attempted to refile charges on her, but according to police, she had the nerve to say I gave her permission to use my car and that was enough for them to label it a flimsy, he said she said, kind of thing and as a result, they decided not to arrest her. She even admitted to driving while drunk and they didn't even charge her for that. Kind of makes me wonder about the cops that handled the case, but that's a different discussion all together.

[Slitlikr]

What have you it to lose?
File.

[Texanbychoice]

Originally Posted by 51MEANTXGUNS50

I don't like talking too much about the circumstances, but to make this real short and simple, someone stole and wrecked my car, I involved the police but she begged me not to press charges in return for compensating me for what I had to pay for repairs. I made the mistake of thinking she would honor her promise, but instead she skedaddled to AZ. She went out of her way to make herself unable to contact, and I have reason to suspect her parents deliberately sent her out there to avoid facing any kind of consequences for what she did.

My original plan was to file a civil suit against her for what she did, but considering the fact that her parents helped her go to AZ and also had previous knowledge of the fact that she has a history of alcoholism and stealing people's car's and wrecking them while drunk. I want to know if this would make them liable in any way. I only learned of her history of doing this from her father after it had happened, and the father even seemed to think it was funny that I had mercy on her to begin with and almost seemed delighted to tell me that I wasn't gonna see a dime of that money. I've never filed a civil suit before but many people have encouraged me to do so, so I figured, why not at least give it a try. So I guess that's my question, if the person who fucked up my car keeps avoiding me, can I hold her parents liable considering the fact they knew she had a history of doing this and failed to disclose this to me ?

Oh, and in case you're wondering, I attempted to refile charges on her, but according to police, she had the nerve to say I gave her permission to use my car and that was enough for them to label it a flimsy, he said she said, kind of thing and as a result, they decided not to arrest her. She even admitted to driving while drunk and they didn't even charge her for that. Kind of makes me wonder about the cops that handled the case, but that's a different discussion all together.

You screwed up by not pressing charges immediately. Doesnt matter what she said. But when you backed off charges you gave standing to what she said and at that point most detectives will drop it right there before it even makes it to a prosecutor.

As far as a civil suit against the parents. Hell if I know. This is get an attorney territory brother. If your lucky Jon S. might chime in.

Tbc

[skbinks]

Has she ever been ticketed for stealing cars or driving drunk? If so, trying to sue the parents because they knew about it and still let her do it would be like suing the police for not preventing her from doing it again wouldn't it? Just a guess.

[frenchlouie1986]

Press charges on her. There is nothing in the law that states charges have to be filed immediately for them to be valid. The state is probably not going to extradite her, but at least she will have an arrest warrant waiting for her back in TX which I presume is where you are from based on your handle, so if she comes back and gets arrested which she probably will she will have to answer to those charges too.

She used your car without your effective consent. Your agreement to not press charges was contingent on her paying for the damages which she has not done. Either way you could still press charges on her even if she did pay for the damages it is your call on that one. So, it is up to you; you can sit around and have a fucked up car or you can file a police report and let the prosecutor decide if they want to pursue criminal charges on the person.

This is from the Texas Penal Code Chapter 31

Sec. 31.07. UNAUTHORIZED USE OF A VEHICLE. (a) A person commits an offense if he intentionally or knowingly operates another's boat, airplane, or motor-propelled vehicle without the effective consent of the owner.(b) An offense under this section is a state jail felony.

Warning: This should not be considered legal advise nor should you take legal advice from someone over the internet.I do not claim to be an attorney nor should anyone interpret my statements to be made by an attorney. Only take legal advice from someone you know to be an attorney or from a legitimate legal website.

[Chung Tran]

I think this is one to swallow and learn a lesson from... the police already indicated there is nothing to arrest her for, why would a DA decide there is? true, you wouldn't necessarily be filing "too late", but it does hamper your case, as far as reliability and evidence.

a civil suit against the parents does nothing, assuming the thief is grown.. I gather both parties are out of State? forget it.. she is not subject to arrest if she returns to Texas (civil matter).. and I think you know you can't get blood from a turnip, since you were thinking of suing Mom & Dad instead.. even if her parents had cash, and you successfully sued them, collecting is a whole other matter..

[Texanbychoice]

Originally Posted by frenchlouie1986

Press charges on her. There is nothing in the law that states charges have to be filed immediately for them to be valid. The state is probably not going to extradite her, but at least she will have an arrest warrant waiting for her back in TX which I presume is where you are from based on your handle, so if she comes back and gets arrested which she probably will she will have to answer to those charges too.

She used your car without your effective consent. Your agreement to not press charges was contingent on her paying for the damages which she has not done. Either way you could still press charges on her even if she did pay for the damages it is your call on that one. So, it is up to you; you can sit around and have a fucked up car or you can file a police report and let the prosecutor decide if they want to pursue criminal charges on the person.

This is from the Texas Penal Code Chapter 31

Sec. 31.07. UNAUTHORIZED USE OF A VEHICLE. (a) A person commits an offense if he intentionally or knowingly operates another's boat, airplane, or motor-propelled vehicle without the effective consent of the owner.(b) An offense under this section is a state jail felony.

Warning: This should not be considered legal advise nor should you take legal advice from someone over the internet.I do not claim to be an attorney nor should anyone interpret my statements to be made by an attorney. Only take legal advice from someone you know to be an attorney or from a legitimate legal website.

You can TRY to file charges. But since he tried to go the civil route in texas he will have.a hard time getting it past the detective investigating it much less the prosecutors office. Most prosecutors wont file it. Its done. They balance likelihood of conviction versus time and dollars spent on it. Been there done that. Hes pretty much screwed. And he never stated whether shes had permission to borrow the car in the past. If she has. She has standing in the car. Hes double fucked. Theres not enough information presented by the poster which leads me to beleive shes had permission in the past to drive it which really fucks with the case.

[frenchlouie1986]

The point was more to get him to file a police report, so he could at least file a claim on his insurance if he was covered. Regardless of any prior permission or any after incident deals, if the owner did not give consent to use the vehicle or revoked any given authorization to use the vehicle and the person did not return the vehicle within a reasonable amount of time then the use was unauthorized. The only thing at issue here is what happened the night the car was stolen anything before and after is irrelevant; all that matters is during the incident in question did she have consent to use his vehicle.

I can only go by what the OP said which is his car was stolen which he is the only person who can give permission to use the vehicle because it is his personal property. So, any consent to use the vehicle must be given by him or an authorized agent to act on his behalf which was not mentioned, so again it goes back to the owner not giving consent to use the vehicle. I gave the OP the benefit of the doubt here because it was his vehicle and his right to determine its use.

The OP has two choices get shit on by the girl or file a police report and try to get something with his insurance and maybe a little piece of mind knowing he did all he could. Without knowing more details anything said will be speculation and will not amount to much more than opinions. All I was doing was telling the OP he still had the option to file charges even though the charges will probably not go anywhere which is something I mentioned earlier, and even if the charges were prosecuted all the girl would probably end up with is a slap on the wrist and an order to pay restitution which would probably never be paid.

The cop handling the case should have taken a report regardless if an arrest was made, so it is up to the OP to decide if he wants to pursue charges and if he does then he needs to push the issue until the prosecutor decides to either accept or decline the charges.

Disclaimer: This should not be considered legal advise nor should anyone take legal advice from someone on an anonymous discussion board. I do not claim to be an attorney nor should anyone interpret my statements to be made by an attorney. Only take legal advice from known to be an attorney or from a legitimate legal website.

[Texanbychoice]

Originally Posted by frenchlouie1986

The point was more to get him to file a police report, so he could at least file a claim on his insurance if he was covered. Regardless of any prior permission or any after incident deals, if the owner did not give consent to use the vehicle or revoked any given authorization to use the vehicle and the person did not return the vehicle within a reasonable amount of time then the use was unauthorized. The only thing at issue here is what happened the night the car was stolen anything before and after is irrelevant; all that matters is during the incident in question did she have consent to use his vehicle.

I can only go by what the OP said which is his car was stolen which he is the only person who can give permission to use the vehicle because it is his personal property. So, any consent to use the vehicle must be given by him or an authorized agent to act on his behalf which was not mentioned, so again it goes back to the owner not giving consent to use the vehicle. I gave the OP the benefit of the doubt here because it was his vehicle and his right to determine its use.

The OP has two choices get shit on by the girl or file a police report and try to get something with his insurance and maybe a little piece of mind knowing he did all he could. Without knowing more details anything said will be speculation and will not amount to much more than opinions. All I was doing was telling the OP he still had the option to file charges even though the charges will probably not go anywhere which is something I mentioned earlier, and even if the charges were prosecuted all the girl would probably end up with is a slap on the wrist and an order to pay restitution which would probably never be paid.

The cop handling the case should have taken a report regardless if an arrest was made, so it is up to the OP to decide if he wants to pursue charges and if he does then he needs to push the issue until the prosecutor decides to either accept or decline the charges.

Disclaimer: This should not be considered legal advise nor should anyone take legal advice from someone on an anonymous discussion board. I do not claim to be an attorney nor should anyone interpret my statements to be made by an attorney. Only take legal advice from known to be an attorney or from a legitimate legal website.

Without getting into a pissing contest. We can debate finer points and reality all day long. Thinking on it. The OP lacked way too much detail for anything to be conclusive. My point is this. Hes S.O.L. and no prosecution is going to take place. And trust me. A cop can pencil fuck a report with the truth and still have the OP come up looking like an idiot and get his insurance denied.

[sketchball82]

I'm not a member of the Texas bar (but I am in other states), but I can 100% say there will be no 3rd party liability statutes covering this fact pattern. Your only recourse (against the parents) would be potentially holding the parents responsible if the girl was a minor at the time of the alleged crime, in which case you may have some other explaining to do as well, lol.

It seems like you just want to hold the parents responsible because you don't like them? You can sue the girl in a civil action, but the first question you should ask before filing suit is: "can she even pay me if I win?"

I do find it decidedly improper that the girl "admitted" to drunk driving and was not charged. Further, consent may be a defense to auto theft, but that is a matter for the courts, not the police, so she should have been arrested. Personally, I would talk to a supervisor at the police station and file a grievance if necessary.

Honestly though, its more likely she intended to use your car, not steal it, in which case the crime committed was unauthorized use of a motor vehicle. Under Texas Penal Code, Section 31.07(b), the crime of unauthorized use of a motor vehicle is a felony, punishable by a term of confinement in a Texas facility of not less than 180 days but not more than 2 years. Although the crime of unauthorized use of a motor vehicle is found under the theft section of the Texas Penal Code, there is no requirement that the value of the vehicle be established. Additionally, there is no requirement by the prosecution to prove that a theft occurred.

So long story short, assuming the statute of limitation has not passed for this crime, jail time and civil penalties may both be proper (for the girl, not the parents).

[Texanbychoice]

Originally Posted by sketchball82

I'm not a member of the Texas bar (but I am in other states), but I can 100% say there will be no 3rd party liability statutes covering this fact pattern.

Your right. Things are a bit different jn Texas. The elements of the offense and intent not only have black and white meanings. But then throw in caseload and resources and now you have shades of gray added to the mix. He will be very lucky to find his case filed, regardless of the textbook rules.

But the OP has a bunch of folks arguing over circumstances and has not given all the details of the situation. Im tired of commenting on his situation without knowing more. And im pretty damn sure it involves trading favors for favors. So the OP can figure it out from here on his own unless he ponies up the details.

[ShysterJon]

There's quite a bit of misuse of legal terminology in this thread, but I have neither time nor interest to comment on it all. But I will say:

1. Crime victims don't "file charges" or "press charges" against criminals. Crime victims report crimes to LE, LE decides whether to pass on the info to DAs, and (at least in Texas, where I practice), DAs decide whether to pursue charges against criminals. The crime here would be a felony, so the DA would present evidence to a grand jury, which would decide whether to indict the girl.
2. At times whether charges are filed depends on the persistence of the victim. But at some point a sane victim will give up.
3. With all the verbiage in this thread, the most critical fact is missing: What are the OP's damages? Here, the damages are the cost to repair the vehicle, plus depreciation. The OP can't expect informed input without stating his damages. Are we talking about $100 or $10,000? It matters.
4. The entire idea of suing the girl's parents is ridiculous. Her parents owed no duty to the OP to notify him of their adult daughter's alleged prior misdeeds.
5. The only even POTENTIAL viable cause of action would be against the girl. If the OP's damages are enough to consider litigation, the next question is: If he wins, can the judgment be satisfied? Stated a different way, does the girl have property that can be attached and sold to satisfy the judgment? I could be wrong, but I'd tend to think not.