Can I sue someone for breaking into my car?

Asked by: Forrest Bauch  |  Last update: August 30, 2025
Score: 5/5 (73 votes)

It's a distressing experience that can lead to questions about legal recourse: Can you sue someone for breaking into your car? While the state typically pursues criminal charges against the perpetrator, civil lawsuits are also a viable option for victims seeking compensation for their losses.

What is it called when someone breaks into your car?

Auto Burglary Law in California

According to California Penal Code Section 459, a person who enters a locked automobile or other motor vehicle or enters the locked trunk portion of the vehicle (doors locked or unlocked) with the specific intent to commit a theft, or any felony, is guilty of auto burglary.

How much can you sue for a stolen car?

If your insurance does not fully compensate you for this issue, then you can sue the person who stole the car from you. You can sue for up to $12k in small claims court in your state. If you need to sue for more, you would sue in state court, which is a similar procedure, just a different court.

Can I sue my friend for wrecking my car?

Yes. You can sue him in small claims court for the damage.

Can I sue my boyfriend for wrecking my car?

Can you sue? Of course you can. Anyone in the US can sue anyone else simply by having the requisite filing fee. Will you win? Probably not if the other driver was at fault. He or she is the one you need to sue ultimately, as well as the owner of that vehicle if the driver is not the owner.

Girl Go To A Job Interview, Accidentally Helps A Poor Boy Being Bullied! Unware He's CEO&Love Began!

23 related questions found

Can you take someone to court for wrecking your car?

California Civil Code 1714 outlines that a party at fault for a car accident can be held responsible for damages and, therefore, establishes an injured person's right to seek compensation.

What are the chances of winning a personal injury lawsuit?

According to the U.S. Department of Justice, personal injury lawsuit outcome statistics include a majority (90 to 95 percent) settled before trial. Out of the small percentage that end up seeing a courtroom, the data suggests that the success rate of personal injury cases is around half.

What happens if I let someone borrow my car and they crash?

Usually, a car insurance policy covers the vehicle itself, not the person driving it, and that means the liability coverage (which is required by California law) should cover the friend. California is an at-fault state, which means the driver responsible for an accident is the one whose insurance will be the primary ...

What kind of lawyer do I need to sue a body shop?

Now, you need to find a lawyer specialized in civil litigation. It is highly recommended that you sent a demand letter before initiate a court action. Furthermore, how about you tell the body shop you are considering retaining an attorney to sue them because they are lying to you regarding the parts for your vehicle?

How much can you sue for property damage?

In short, in this situation, the most you can recover is the fair market or "actual cash" value of a damaged item (the amount you could have sold it for), figured at the time the damage occurred.

How long does a stolen car claim take?

The average timeframe for a stolen car insurance claim payout falls within 30-45 days, but several factors can influence this, such as the complexity of the investigation, the availability of the police report, and whether your car is recovered.

How much does it cost to press charges for theft?

A victim of a crime does not have to pay a fee for a prosecutor to press charges. Instead, taxpayer money will fund any further investigations and trials.

How much will insurance pay for a stolen car?

Car Theft Insurance: When Am I Entitled to Coverage? Downey drivers whose cars are stolen in Califonia will have car theft insurance if they have comprehensive coverage. That should cover you up to the Actual Cash Value (ACV) of your vehicle. If your car is damaged due to a break-in, you'll also be covered.

Does insurance cover car break-ins?

Yes. For one thing, your insurer may require you to have a police report on hand in order to process your claim. Bay Area officials are also encouraging residents to report these crimes.

Can you report someone breaking into your car?

Call the police and file a report.

To file a police report, you'll need the following: Photos of damage. Your driver's license. The vehicle registration number.

What to do if you see someone break into a car?

If you see a break-in in progress, call 911 immediately! Provide the 911 dispatcher with as much information as possible, such as: Location - Provide an address, block number, or specific location in a parking lot.

What does it cost to sue?

County Court: The filing fee is typically under $100. District Court: The filing fees can range from $200 to $600. Small Claims Court: Filing fees are generally under $50. Cases filed here involve plaintiffs seeking $7,500 or less in damages.

How long is too long for a car to be in the shop?

How Long Can a Mechanic Legally Keep Your Car to Fix? The ideally acceptable maximum time frame for a repair is approximately 30 days. Under warranty, 30 days is the maximum time for a dealership to give you a complete diagnosis and resolve your car's problems. The estimated 30 days do not have to be consecutive.

Can I sue a body shop for not fixing my car?

When a mechanic fails to repair your car and ensure it is safe for driving, you can sue the mechanic of an auto repair shop for negligence. On your own, it might be difficult to define negligence and to prove the mechanic's liability. A personal injury lawyer can help you build a case that leads to financial recovery.

Can I be sued if I let someone borrow my car?

Vehicle Owners Are Liable Under California Law

This law holds a vehicle's owner responsible for collisions caused by the driver of the vehicle – even if the driver is not the owner.

What happens if someone not on your insurance gets in an accident?

Insurance follows the vehicle, so if someone else drives your car and gets into an accident, your insurance will handle the claim. This is known as permissive use — your policy covers the damage, not theirs.

Does my insurance cover me if I borrow someones car?

Generally, insurance coverage follows the vehicle rather than the driver. So in most instances, as long as the owner of the car has insurance, it's covered even if someone other than the owner is driving it — as long as they have the owner's permission.

What injuries are hard to prove?

Unfortunately, not all injuries are this clear. Some injuries can change a person's life, but are incredibly difficult to diagnose and treat. This is often the case when it comes to injuries such as whiplash, nerve damage, sprains, strains, mild traumatic brain injuries (TBIs) and concussions.

How much should I sue for personal injury?

To determine a good personal injury payout amount, review all the details of your case. Total your losses from the accident by adding the cost of your hospital bills and treatment. Speak with a medical expert to estimate the cost of future care you may also need.