I slept over my cousin's house and her boyfriend, who lives with her, took my keys out of the room I was sleeping in and took my car for a joy ride. When I woke up I found damage done to my right side of my car and my driver side mirror hanging off. I contacted the police who said that I couldn't report the car stolen because he's an acquaintance. Now I'm stuck with the cost of fixing my car. What can I do in this situation? Thank you in advance for your help in this matter!

Kindly,
The Sleeping Fool

You can take him to court for the damages. He damaged it he should be responsible.
I think the police just didn't want to deal with it. Get some estimates and take him to court.

He brought the car back... that means that there was no theft in law. Are there anti Joyriding laws where you live? If so, get the police to act. Yes you can sue-he took the car without your permission. You can get up to $5000 damages in the Small Claims Court and you don't need to hire a lawyer.

Actually there was a crime, and the police did not properly do their job.
If you did not give him permission, he did at least criminal damage to property or other crime. You can hire an attorney and push the ciminal law part of it, ( if you can prove he did it, did someone see him do it )
Andyou can hire an attorney and sue him for the damages

I agree with Chuck. Just because he returned the car doesn't mean he didn't commit a crime by taking it. Do you want to prosecute though?

But why are you stuck with the cost of fixing it? What about your insurance? They should cover the repair. You would probably have to pay your deductible but then you can sue the thief for that amount.

If you have no fault they will not pay for your car to be repaired---at least not in the states I know of.

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Originally Posted by Foxyarse

He brought the car back...that means that there was no theft in law. Are there anti Joyriding laws where you live? If so, get the police to act. Yes you can sue-he took the car without your permission. You can get up to $5000 damages in the Small Claims Court and you don't need to hire a lawyer.

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Curious why you think bringing the car back means there was no "theft in law." Not in NYS at least. And the Small Claims Court ceilings are different in different States.

In NYS the Police HAVE to take a report because there was property damage - minimally to OP's car - and the insurance company will want a Police Report if OP decides to submit the claim.

And he certainly hit SOMETHING with OP's car!

He did not have your permission to use your car. The police should have taken a report accordingly. Wonder what the police chief would say about that. How long ago did this happen? How did you know that the cousin took the car? Did he tell you? Just because he's an acquaintance should make no difference. He did not have your permission to operate your car. It was technically not stolen - just used without your permission. Have the cousin pay for the damages or take him to small claims court. Be sure to get at least 3 written estimates before you have it repaired.

At this point I think you have to take responsibility of the car repair as the police cannot help. I 'II strongly advice that each time you go around in your car never drop the car's key where someone else can lay hand on it.

How do you know it was the boyfriend who took the car and not your cousin?

As you said, you were asleep.

If you try to press charges (the cops should have charged him, it was a crime), or if you try to sue him…can he claim, I didn't do it…can you prove it was HIM?


As long as you can, go back to the cops, file a report AND sue him for damages in small claims court.

The police do not have to help for you to take him to court to be made whole for the damage to the car. He did it, he owes you.
I know many girls who their boyfriend asked to borrow the car and didn't bring it back for days. The girlfriend reported it stolen because it was not brought back when it was suppose to be and the guys got in trouble over it.
The police just didn't want to help you.

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Originally Posted by RBierman1976

I slept over my cousin's house and her boyfriend, who lives with her, took my keys out of the room I was sleeping in and took my car for a joy ride. When I woke up I found damage done to my right side of my car and my driver side mirror hanging off. I contacted the police who said that I couldn't report the car stolen because he's an acquaintance. Now I'm stuck with the cost of fixing my car. What can I do in this situation? Thank you in advance for your help in this matter!

Kindly,
The Sleeping Fool

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I think you're getting it from everyone! You really need to go back to the police, yes you can charge him! He took your car without permission, doesn't matter if he returned it or not. Wouldn't even matter if he was your brother! He committed a crime and you can charge him.
Also, yes you can sue him. Take the car to get three estimates on the price of fixing it. Check the blue book value of your car and hope they are all under it. Take the middle estimate of the damage, and sue him for that. You can also get a rental car while it is being fixed and include the cost of that in your law suit. That's if you work and need a car to get to and from work. Just make sure you keep all paperwork! If you have any discussions with him, tape them, but make sure you tell him you are recording the phone call, and before you start the talking!
I don't know what cop told you you can't charge him, some idiotic cop!

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Originally Posted by svatnsdal

I think you're getting it from everyone! You really need to go back to the police, yes you can charge him! He took your car without permission, doesn't matter if he returned it or not. Wouldn't even matter if he was your brother! He committed a crime and you can charge him.
Also, yes you can sue him. Take the car to get three estimates on the price of fixing it. Check the blue book value of your car and hope they are all under it. Take the middle estimate of the damage, and sue him for that. You can also get a rental car while it is being fixed and include the cost of that in your law suit. That's if you work and need a car to get to and from work. Just make sure you keep all paperwork! If you have any discussions with him, tape them, but make sure you tell him you are recording the phone call, and before you start the talking!
I don't know what cop told you you can't charge him, some idiotic cop!

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Speaking only for NYS - actually you should sue for the highest estimate and see what the Judge awards; you don't need to work and commute in order to sue for a rental; it is not your job to provide the blue book value of the car - that's for the defense to worry about.

In theory the Courts will make you whole - and that includes all of your out of pocket expenses.

I suspect that because of the cousin's boyfriend, I was sleeping, the car came back damaged scenario the Police decided not to get involved in a he said/she said - or just plain didn't believe the story.

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Originally Posted by CaptainForest

As long as you can, go back to the cops, file a report AND sue him for damages in small claims court.

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Hello s:

Do you have doughnut shoppes in your town?? That's where you can find your local cops. There's probably a stolen car in the parking lot too, but their faces are filled with butter cream...

I hate cops - for THIS VERY REASON.

excon