Legal Question in Civil Litigation in Oregon

Keying of a Car

My mothers car was recently keyed and nobody saw it happen however we are pretty sure we know who did it. So my question is can we build a case against this person in small claims court even though nobody actually saw the crime take place? Also, my mothers insurance will cover the cost of the repairs but I believe she can still collect from the person who did the damage if she can prove her case in court, is this true? Thanks for your help.


Asked on 12/23/03, 2:18 pm

1 Answer from Attorneys
Susan Burns Law Office of Susan Ford Burns

Re: Keying of a Car

You will have to have some kind of proof that the person did it. Past behaviour of the person is NOT sufficient evidence (i.e., testimon that "she's been fighting with mom for years and I know she hates her"). Typically in a situation like this, you need to have a witness who saw it happen or evidence to prove that the damage was caused by a key owned by the alleged defendant.

If your mother is successful in a suit against the defendant, she must repay her insurance company for the amount the insurance company paid to fix the car. If you mother had to pay a deductible, she may be able to negotiate with the insurance company to withhold the deductible amount from what she pays the insurance company.

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Answered on 12/23/03, 2:47 pm


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