Q: Can I sue the parents of the minors that stole, damaged, and vandalized my car? Police arrested and released to parents.
My car is now going to be totaled and I am now going to be forced to buy a new car I feel like the Parents should be liable for this extreme inconvenience.
A:
The answer is like most things at law = Maybe?
The good news is that your insurance company can handle and then if they choose to, they can sue the parents. Good luck with it.
1 user found this answer helpful
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Yes, you can pursue legal action against the parents under California Civil Code Section 1714.1, which makes parents liable for damages caused by their minor children's willful misconduct. The law allows you to recover up to $25,000 per wrongful act, adjusted for inflation since 2010.
Your case appears strong since there's police documentation of the incident and clear evidence linking the minors to the damage. You can file in small claims court if your damages are under $12,500, which offers a faster and less expensive process than superior court. Keep all documentation including police reports, repair estimates, and any evidence showing the total financial impact, including rental car costs or transportation expenses.
Consider sending a formal demand letter to the parents before filing suit, outlining your damages and requesting compensation - this sometimes leads to settlement without court involvement. If you need to proceed with legal action, you can file at your local courthouse, and the court clerk can provide the necessary forms and filing instructions. While you might feel frustrated, maintaining professional communication with the parents could help reach a resolution more quickly than going through the court system.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
