Legal Question in Civil Litigation in Nevada

Stolen car wreck?

I went to give--name removed--bunch of drunk people rides home when i got off work. When i got there everyone was seriously hammered, stumbling and whatnot. The other designated driver told me she didnt need me to take anyone and that she had it under control. I drove off to--name removed--stop sign 2 houses down. Long story short,--name removed--drunken guy ran upto my car i got out we got into--name removed--fist fight. Out of nowhere--name removed--drunken female jumps into my car and steals it. Only to wreck it 2 blocks up the road into--name removed--brick wall. The police are taking her side because apparently its my fault for leaving the key in the ignition. She has criminal charges for DUI driving without insurance and she doesnt even own--name removed--drivers license. Now the girl agreed that she will pay me 7 thousand dollars in damages to my car (much less than what its worth) Should i accept her offer or take her to court??? . The homeowner wants to sue me as well for owning the car. Can she do that?


Asked on 8/03/07, 3:50 am

1 Answer from Attorneys
Jim Herbe Black & Lobello

Re: Stolen car wreck?

Good morning. Thank you for the inquiry. Here is my take on your situation.

When you left your car to engage the drunken person chasing after you, you were wrong in leaving your car running. However, it sounds like the situation may have been something that required you to defend yourself. Whether your actions were negligent is ambiguous; I could see a jury looking at it either way, probably 50/50.

As far as the girl driving your car, if she doesn't have insurance any civil action you brought would go directly against her. You'd be suing for her personal assets. Your decision really depends on whether you feel she has the means to compensate you should you recover legally.

You should consider potential legal costs in weighing your decision.

Finally, the homeowner may bring suit against you under the theory you were negligent in leaving your car running so the drunken girl could drive off. Again, this is a situation that could go either way in court. Hard to say without more discovery.

My law firm handles civil matters similar to yours. If you would like to set up an appointment to meet with myself or my partner, please contact my office. Our initial consultations are always free of charge.

Best Regards,

Jim Herbe

Read more
Answered on 8/03/07, 12:31 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Nevada