How to Recover Deductible from Somebody Who Vandalized My Car

[mrshiggins]

My question involves criminal law for the state of: California

My brother in law, in a fit of drunken rage, hit my car a few times with a hammer of some sort. I called the cops the next day because I just wanted to get out of there.
Long story short, the DA didn't file any charges against him because of "lack of evidence".

I now have a deductible for my insurance to get this fixed. Since the brother in law didn't get in trouble for this, can I file a small claims against him in order to get the deductible back and the car rental charges?

If so, would I file the papers in the county where it happened (where he lives) or where I live (where the cars main residence is)?

Also, am I able to file against the homeowners insurance too?

[flyingron]

You can file with your homeowner's insurance, but I can almost guarantee they won't pay anything. It almost certainly has no coverage for vehicles. You need to find out what the implications with your insurance company are for filing such a lawsuit. They may have the rights to recover their payout out of any amounts recovered.

[mrshiggins]

I'm sorry I should've been clearer. It would've been against my fathers homeowners insurance, this is where my brother in law lives and where the damage occurred.

I will find out with my insurance about the recovery of what they have already sent me... but if that's the case I'll sue for the entire amount, not just the deductible.

So would it be his country (where it happened) or my county (where the car is primarily)?

[mrshiggins]

My question involves small claims court in the state of: California

I wrote about my BIL threatening to press charges of harassment and defaming him. I was suing him because he vandalized my car.

So, he never showed up to the April 4th court date. He never got "served". The court served him for me, and the judge assumes that when he saw the certified mail, he didn't sign for it... therefore he wasn't properly served. The new court date is set for June 6th. I then asked my brother to serve him personally, which he did. BIL actually threw all of the papers out of his truck after being served.
But last week, I got a certified letter come to me. It is him suing me for the same exact amount I am suing him for, and he is claiming stress as the reason to collect $1610.

What are the chances of him actually winning? I mean, if anyone has suffered stress it is me, as I have lost my sister, neice, nephew and my dad due to this guy (I don't talk to them no more). (He lives with my dad and therefore my dad isn't standing up for me. My sister is on his side and the same goes for my neice and nephew).... That's a lot for me to deal with... a lot of crying at night frankly.


Should I mention this to the judge and see if I can collect more. Also, because the court date was rescheduled, I am to take of another day of work, which costs me $200 alone. Then there is the gas to go up there which is almost $100 more. Can I add this to my original claim? I wasn't planning originally that I would have to come back, and I am not asking anything that I haven't spent or, in my opinion, deserve.

[Mr. Knowitall]

Whether or not the defendant in a case will win depends upon what evidence you offer, what evidence the defense offers, and whether the court finds at the end of the case that you have met your burden of proof. You are not going to get compensated for taking time off of work to go to court.