Can I sue him for trying to steal my car

iCrazzy · 31-12-2013 11:54am #1

Long story short.
I woke up at the night to see my car gone from the driveway. Rang the police. I went outside to investigate further and found my car 100 metre from my house parked.(My business goods are in my car so that might be a reason for taking the car) I approached my car,investigated to see if something is missing and thank God nothing was.
Today the guy has been found. I am informed by the police.
What am I supposed to do abd what are my options cause I never exprrienced anything like this in the past so this a whole new game for me
Thanks

Zambia · 31-12-2013 11:57am

iCrazzy wrote: »

Long story short.
I woke up at the night to see my car gone from the driveway. Rang the police. I went outside to investigate further and found my car 100 metre from my house parked.(My business goods are in my car so that might be a reason for taking the car) I approached my car,investigated to see if something is missing and thank God nothing was.
Today the guy has been found. I am informed by the police.
What am I supposed to do abd what are my options cause I never exprrienced anything like this in the past so this a whole new game for me
Thanks

What loss have you suffered?

MagicMarker · 31-12-2013 11:58am

He didn't try and steal your car, he stole your car. What are the police going to do about it?

No Pants · 31-12-2013 11:58am

Any damage to the car or contents?

P_1 · 31-12-2013 11:59am

I would have thought it would be a criminal matter before it being a civil one. Unfortunately I'd say it might be easier to go via your insurance if there was any theft/damage.

No Pants · 31-12-2013 12:06pm

The civil trial should go easier if the criminal trial ends in a conviction.

newmug · 31-12-2013 12:07pm

Zambia wrote: »

What loss have you suffered?

Typical solicitors type answer. Its nothing to do with any "loss" the OP may have suffered, its to do with justice. It is only fair and just that the perpetrator firstly be punished for committing a crime, and secondly, make amends to the OP for visiting this crime upon him/her.

Zambia · 31-12-2013 12:12pm

newmug wrote: »

Typical solicitors type answer. Its nothing to do with any "loss" the OP may have suffered, its to do with justice. It is only fair and just that the perpetrator firstly be punished for committing a crime, and secondly, make amends to the OP for visiting this crime upon him/her.

The punishment is a criminal matter I just don't see a need to sue in civil court.

iCrazzy · 31-12-2013 12:26pm

There was no damage or loss to the car or its content,maybe because someone might have walked into the scene abd they ran for it. I do not know what theyre motive was but however they picked my car to get jnside it thats it

Losty Dublin · 31-12-2013 12:26pm

I'm curious to know as to why somebody took the effort and risk of breaking into a car then to leave it yards away from your house. A prank by a friend, perhaps?

amdublin · 31-12-2013 12:28pm

I am curious as to what result you want from suing?

I would have thought prosecution would be a more preferable option?

Zambia · 31-12-2013 12:34pm

iCrazzy wrote: »

There was no damage or loss to the car or its content,maybe because someone might have walked into the scene abd they ran for it. I do not know what theyre motive was but however they picked my car to get jnside it thats it

Well if that's it thank the Gardai and put it behind you.

No Pants · 31-12-2013 12:38pm

If the thief had an insurance policy for their own car, even third-party, could a claim be made against it?

Pawwed Rig · 31-12-2013 12:41pm

amdublin wrote: »

I am curious as to what result you want from suing?

I would have thought prosecution would be a more preferable option?

Prosecution will do little other than add another conviction to a (probable) long list of previous convictions as the guy is unlikely to get any serious jail time.
Suing will most likely not yield much either as inability to pay will be cited were a case to prove successful.
OP is best off trying to get over it and forgetting about it, unfortunate but true.

iCrazzy · 31-12-2013 12:45pm

Yeah I was never going to sue, I just wanted to know what my options were such as why he did it and if I was allowed to get answers from him and how they broke in?? Why they left the car??, I'll most likely ring the gardai and see what they have to say.

amdublin · 31-12-2013 12:47pm

I am just confused. Is the op looking for money when he has his car and contents back?

jca · 31-12-2013 12:47pm

Pawwed Rig wrote: »

Prosecution will do little other than add another conviction to a (probable) long list of previous convictions as the guy is unlikely to get any serious jail time.
Suing will most likely not yield much either as inability to pay will be cited were a case to prove successful.
OP is best off trying to get over it and forgetting about it, unfortunate but true.

Exactly, be grateful it wasn't found burnt out somewhere. Invest in a krook-lock or some other visual anti- theft device.

iCrazzy · 31-12-2013 12:48pm

amdublin wrote: »

I am just confused. Is the op looking for money when he has his car and contents back?

Yeah I was never going to sue, I just wanted to know what my options were such as why he did it and if I was allowed to get answers from him and how they broke in?? Why they left the car??, I'll most likely ring the gardai and see what they have to say.

seamus · 31-12-2013 12:56pm

newmug wrote: »

Typical solicitors type answer. Its nothing to do with any "loss" the OP may have suffered, its to do with justice. It is only fair and just that the perpetrator firstly be punished for committing a crime, and secondly, make amends to the OP for visiting this crime upon him/her.

The purpose of suing is not justice, it's compensation for loss. If there is no loss, there is no basis on which to sue.

iCrazzy · 31-12-2013 1:08pm

Okay lets just take suing out of the question and the title of this thread, I might have confused some people with the title ''sue''
Rather it should be ''What are my options and what do I do know''
Okay everyone so lets forget sueing because from the start I phrased the words into saying ''sue'' which might have thought to some people my interest was to rob him off for everything he has which you see in some movies, but that is not the case.

seamus · 31-12-2013 1:14pm

So, yeah, there's not really much you can do. The Gardai will probably interview him, but you don't have a right to listen to those recordings. If they take a prosecution, he may just plead guilty in which case he doesn't have to say anything about the who's, the why's or the how's.
Even if he pleads not guilty, a trial may not yield any useful information.

Really your best option here is look at it from your side. If the car is not damaged, then clearly he got the keys. How? Did he enter the house? How? Is the car powerful or valuable? If yes, then look at making it more secure.
If not, then it was probably the contents of the car he was after. Invest in some sort of security for them, remove them from the vehicle until you need them. After my brother's van was broken into and all of his tools stolen, he got into the habit of taking everything out of the van at the end of the day. Pain in the ass, but worth it when you're talking thousands of euro of equipment.

billie1b · 31-12-2013 1:25pm

Losty Dublin wrote: »

I'm curious to know as to why somebody took the effort and risk of breaking into a car then to leave it yards away from your house. A prank by a friend, perhaps?

I'm surprised the Garda didn't explain this, when your car is being stolen most of the culprits will break in and let the handbrake off, break the steering lock (if its on) and push the car a bit of a distance away from your house, main reason for this is, as funny as it sounds, people know the sound or are conscious to the sound of their own car starting, were as if its a hundred yards up the road no-one would take any real notice of it starting and you cant hear it

Ordinary man · 31-12-2013 1:26pm

Without wishing to take this thread off topic but would it actually be possible to sue a criminal for damages caused by break ins or attempted break ins?

iCrazzy · 31-12-2013 1:38pm

billie1b wrote: »

I'm surprised the Garda didn't explain this, when your car is being stolen most of the culprits will break in and let the handbrake off, break the steering lock (if its on) and push the car a bit of a distance away from your house, main reason for this is, as funny as it sounds, people know the sound or are conscious to the sound of their own car starting, were as if its a hundred yards up the road no-one would take any real notice of it starting and you cant hear it

That was the alternative we thought of, that is def what happened I say and then something most have sought their attention and they made the run, lol
Lousy bastards, making me get up at 11pm and drive the car back

31-12-2013 1:56pm

Ordinary man wrote: »

Without wishing to take this thread off topic but would it actually be possible to sue a criminal for damages caused by break ins or attempted break ins?

Yes, but in most cases your insurance will cover your losses, so the insurer is subrogated to the claim and it is up to them to decide whether it is worth their while pursuing.

Losty Dublin · 31-12-2013 2:11pm

billie1b wrote: »

I'm surprised the Garda didn't explain this, when your car is being stolen most of the culprits will break in and let the handbrake off, break the steering lock (if its on) and push the car a bit of a distance away from your house, main reason for this is, as funny as it sounds, people know the sound or are conscious to the sound of their own car starting, were as if its a hundred yards up the road no-one would take any real notice of it starting and you cant hear it

Maybe I'm not tuned into criminal minds but surely somebody breaking into, taking a car out of gear and then hopping out of and pushing it from outside a premises is wasting time, rather indiscrete and leaving ones self at risk of being caught? The point about the engine makes sense, mind.

billie1b · 31-12-2013 2:32pm

Losty Dublin wrote: »

Maybe I'm not tuned into criminal minds but surely somebody breaking into, taking a car out of gear and then hopping out of and pushing it from outside a premises is wasting time, rather indiscrete and leaving ones self at risk of being caught? The point about the engine makes sense, mind.

Its easier that way for them as to get it started they have to push it and jump it in gear after barreling the ignition, like when your battery is cold or dead. To hot wire it is more of a hinderance to them, hot wiring a car is louder than people think, its like cable jumping it from another car and would involve a bit of over revving, which would wake at least 1 person.
2 or 3 guys working together, 1 in the car, 2 pushing it, if they push it 50 metres up the road pop it into second and a little revving no one will know the wiser as the other two will be in the car and gone by the time anyone would get to a window. Sounds a lot more tedious but in reality is much quieter, unless they break into your house and get your keys, its much more simple for them just to take it in your garden, but the likes of them that are doing it that way are robbing the cars to order so they're a total different breed of car thief

Losty Dublin · 31-12-2013 3:23pm

billie1b wrote: »

Its easier that way for them as to get it started they have to push it and jump it in gear after barreling the ignition, like when your battery is cold or dead. To hot wire it is more of a hinderance to them, hot wiring a car is louder than people think, its like cable jumping it from another car and would involve a bit of over revving, which would wake at least 1 person.

2 or 3 guys working together, 1 in the car, 2 pushing it, if they push it 50 metres up the road pop it into second and a little revving no one will know the wiser as the other two will be in the car and gone by the time anyone would get to a window. Sounds a lot more tedious but in reality is much quieter, unless they break into your house and get your keys, its much more simple for them just to take it in your garden, but the likes of them that are doing it that way are robbing the cars to order so they're a total different breed of car thief

It wasn't you who took OP's car, was it?

billie1b · 31-12-2013 3:25pm

Losty Dublin wrote: »

It wasn't you who took OP's car, was it?

No :-D had my fair share of it on the OP's side though
Dont wanna give too much info on it, have a mate thats a Garda in Dublin with the name 'Losty', dont want him knocking on my door later for the wrong reasons ðŸ˜€

jca · 31-12-2013 7:19pm

Losty Dublin wrote: »

It wasn't you who took OP's car, was it?

I don't think so because he obviously has no clue how a car works:pac:

Pro Hoc Vice · 31-12-2013 7:36pm

newmug wrote: »

Typical solicitors type answer. Its nothing to do with any "loss" the OP may have suffered, its to do with justice. It is only fair and just that the perpetrator firstly be punished for committing a crime, and secondly, make amends to the OP for visiting this crime upon him/her.

The court in a civil matter can only give you the money to cover the loss suffered. So its a basic principle in civil law that you must suffer a monetary loss.

Criminal is a different matter and there is nothing stopping the OP from either making a complaint or if he wishes commencing a criminal case against the other person.

Pro Hoc Vice · 31-12-2013 7:39pm

Ordinary man wrote: »

Without wishing to take this thread off topic but would it actually be possible to sue a criminal for damages caused by break ins or attempted break ins?

Yes.

Bepolite · 31-12-2013 7:45pm

iCrazzy wrote: »

Long story short.
I woke up at the night to see my car gone from the driveway. Rang the police. I went outside to investigate further and found my car 100 metre from my house parked.(My business goods are in my car so that might be a reason for taking the car) I approached my car,investigated to see if something is missing and thank God nothing was.
Today the guy has been found. I am informed by the police.
What am I supposed to do abd what are my options cause I never exprrienced anything like this in the past so this a whole new game for me
Thanks

Yes you can sue under some mad torts I can't spell. See a solicitor. What you will gain is questionable at best. I think a better question is can I prosecute the guy myself if the guards/DPP don't, which you can (I Think) but again see a solicitor.

TireeTerror · 31-12-2013 7:45pm

If you have a case, I would sue them for everything I could get. The stress, the paranoia, the feelings of distrust and the fear that your house may be targeted next. Every time you hear a noise outside you're up at the window, scared someone is stealing something, oh yes it turns out you have hardly slept at all with the worry of it.

Im going OTT, but the reality of criminal acts is that the victims often are extremely mentally scarred by their experience. Why shouldn't they be compensated? If every criminal had to really go out of their way to compensate everyone they affected by their actions, that could be an added deterrent.

On the other hand, the perpetrator knows where you live, so any further action could result in more grief that it is worth.

It such a sad miserable world we now live in.

Bepolite · 31-12-2013 7:48pm

TireeTerror wrote: »

If you have a case, I would sue them for everything I could get. The stress, the paranoia, the feelings of distrust and the fear that your house may be targeted next. Every time you hear a noise outside you're up at the window, scared someone is stealing something, oh yes it turns out you have hardly slept at all with the worry of it.

Im going OTT, but the reality of criminal acts is that the victims often are extremely mentally scarred by their experience. Why shouldn't they be compensated? If every criminal had to really go out of their way to compensate everyone they affected by their actions, that could be an added deterrent.

On the other hand, the perpetrator knows where you live, so any further action could result in more grief that it is worth.

It such a sad miserable world we now live in.

What a lot of tosh. Criminals generally don't have the means to pay a civil action so suing them is pointless. What you want is to looby your local TD about restorative justice, an endevour I whole-heartedly support.

The world is what you make of it, personally life is bloody great as far as I'm concerned and crime generally falling.

TireeTerror · 31-12-2013 7:56pm

Bepolite wrote: »

What a lot of tosh. Criminals generally don't have the means to pay a civil action so suing them is pointless. What you want is to looby your local TD about restorative justice, an endevour I whole-heartedly support.

The world is what you make of it, personally life is bloody great as far as I'm concerned and crime generally falling.

Crime is falling? It may well be, but figures are often made up, or recategorized to suit whatever agenda is required at the time.

Im on several facebook groups around Louth and North Dublin. I have heard of burglaries nearing 100 in the last few weeks alone.

Quite an assumption on your part that criminals don't have a means to pay. There are many ways in which a criminal could assist a victim of crime. not all of them financial.

NoQuarter · 31-12-2013 8:04pm

newmug wrote: »

Typical solicitors type answer. Its nothing to do with any "loss" the OP may have suffered, its to do with justice. It is only fair and just that the perpetrator firstly be punished for committing a crime, and secondly, make amends to the OP for visiting this crime upon him/her.

And the award for the stupidest answer goes to.....

The OP's question is can he sue the thief. Maybe, but it solely rests on whether there is loss or damage to ground a civil claim. So it has everything to do with a loss. There is no civil claim without loss/damage.

Justice is for criminal law and that's out of the OP's hands now.

Asking a question on a legal discussion forum is asking for "solicitor type answers", if the OP wanted your nonsense, they could have asked in After Hours.

EDIT: just saw other people have addressed this, I just got so annoyed when I read it I couldn't read the rest of the thread before posting.

Bepolite · 31-12-2013 8:09pm

TireeTerror wrote: »

Crime is falling? It may well be, but figures are often made up, or recategorized to suit whatever agenda is required at the time.

Im on several facebook groups around Louth and North Dublin. I have heard of burglaries nearing 100 in the last few weeks alone.

Quite an assumption on your part that criminals don't have a means to pay. There are many ways in which a criminal could assist a victim of crime. not all of them financial.

So I'm so truamatised my TV has been nicked and my pants sniffed that I invite them back to trim my hedges. I understand where you're coming from but it's not the civil system that is set up top deal with this it's the criminal ssytem that needs to be aletered.

Bepolite · 31-12-2013 8:10pm

BTW... Does detinue (spelling) require damage, I thought the act alone was enough to ground a claim. I could very well be wrong, I usually am.

TireeTerror · 31-12-2013 8:16pm

Bepolite wrote: »

So I'm so truamatised my TV has been nicked and my pants sniffed that I invite them back to trim my hedges. I understand where you're coming from but it's not the civil system that is set up top deal with this it's the criminal ssytem that needs to be aletered.

People are sniffing your pants? In some cultures that would be a reward in itself...

Pro Hoc Vice · 31-12-2013 8:35pm

Bepolite wrote: »

BTW... Does detinue (spelling) require damage, I thought the act alone was enough to ground a claim. I could very well be wrong, I usually am.

Well someone else hanging onto my property is a loss to me.

Bepolite · 31-12-2013 8:39pm

infosys wrote: »

Well someone else hanging onto my property is a loss to me.

I thought it was mere interferance... I must be thionking of something different, or in fact making things up which is quite possible.

Bepolite · 31-12-2013 8:40pm

TireeTerror wrote: »

People are sniffing your pants? In some cultures that would be a reward in itself...

If they were sniffing my pants it would be the cultures I'd be worrying about!

kravmaga · 31-12-2013 8:55pm

iCrazzy wrote: »

Yeah I was never going to sue, I just wanted to know what my options were such as why he did it and if I was allowed to get answers from him and how they broke in?? Why they left the car??, I'll most likely ring the gardai and see what they have to say.

Sounds like Un-authorised taking of a motor vehicle from a criminal justice point of view.

Why dont you contact the Gardai who were dealing with this and they will advise you. If the individual was caught then you can give a statement and Garda/DPP will decide to prosecute or not.

chopser · 31-12-2013 9:28pm

was this moved from afterhours or something or what is the story with the way the thread has proceeded!

iCrazzy · 01-01-2014 1:37am

TireTerror:The stress, the paranoia, the feelings of distrust and the fear that your house may be targeted next. Every time you hear a noise outside you're up at the window, scared someone is stealing something, oh yes it turns out you have hardly slept at all with the worry of it.

I have since parked my second car infront of my van to this very day has been 3 months so far, I always have to get up before I go to sleep and park my car right in front of my van to avoid anything in the future.
It looks so stupid Even though I have full 2 spaces for 2 cars, and I am parking it in front of my van during the night, but in the morning I leave it to its original position.
I have been given an appointment for tomorrow so we will see what happens...

Zambia · 01-01-2014 1:40am

iCrazzy wrote: »

TireTerror:The stress, the paranoia, the feelings of distrust and the fear that your house may be targeted next. Every time you hear a noise outside you're up at the window, scared someone is stealing something, oh yes it turns out you have hardly slept at all with the worry of it.

I have since parked my second car infront of my van to this very day has been 3 months so far, I always have to get up before I go to sleep and park my car right in front of my van to avoid anything in the future.
It looks so stupid Even though I have full 2 spaces for 2 cars, and I am parking it in front of my van during the night, but in the morning I leave it to its original position.
I have been given an appointment for tomorrow so we will see what happens...

An appointment for what?

iCrazzy · 01-01-2014 1:44am

Zambia wrote: »

An appointment for what?

To meet with the guard, I called them today and they told me the guard who was looking after my case is off today so leave your number and he will get back to you tomorrow at a specific time they gave me, I am pretty sure they will call me in to discuss more as I doubt they'll just talk everything over the phone

Zambia · 01-01-2014 1:52am

iCrazzy wrote: »

To meet with the guard, I called them today and they told me the guard who was looking after my case is off today so leave your number and he will get back to you tomorrow at a specific time they gave me, I am pretty sure they will call me in to discuss more as I doubt they'll just talk everything over the phone

Unless he/she needs you to sign a statement I fail to see why you need to go in.

Pat Mustard · 02-01-2014 12:16am

TireeTerror wrote: »

If you have a case, I would sue them for everything I could get. The stress, the paranoia, the feelings of distrust and the fear that your house may be targeted next. Every time you hear a noise outside you're up at the window, scared someone is stealing something, oh yes it turns out you have hardly slept at all with the worry of it.

Im going OTT, but the reality of criminal acts is that the victims often are extremely mentally scarred by their experience. Why shouldn't they be compensated? If every criminal had to really go out of their way to compensate everyone they affected by their actions, that could be an added deterrent.

On the other hand, the perpetrator knows where you live, so any further action could result in more grief that it is worth.

It such a sad miserable world we now live in.

I would bet you a fiver that the villain in question has no money, no car, no house, no job prospects: just twenty previous convictions, a hard luck story, a bad attitude, a substance abuse problem, and a full intention to do the exact same thing when he gets out of prison.

These people are not worth suing, generally.

The one thing that I think is interesting is that thieves/burglars come back to places where they robbed/stole before: similar to fellas who hunt rabbits, in some ways, I suppose.

You will find that somebody who has had a break-in will have another, and maybe several more. But some people never get broken into. I think that part of the reason is that burglars/thieves become familiar with various aspects of the locations where they operated. They know the layout of the house, or how to break into the car and start it, etc. They return to the old hunting grounds.

So, I'm guessing that there's a decent possibility that the scummer could come back. The only question is whether the OP will be prepared for him next time.

iCrazzy · 02-01-2014 1:57am

Oh dont you worry ill be ready with my baseball bat

Can I sue him for trying to steal my car

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