I want to know if I can file charges on the owner of a vehicle who let someone else drive the vehicle and the vehicle had no insurance and a lot of damage was caused to property and two vehicles, one of the vehicles was totaled. The person driving was arrested and only sentenced to 75 days in jail. I have applied for victims of crime assistance and filled out the paperwork. We went to file a small claims court papers, and we sent a letter to the address that was on the police report for the owner of the vehicle ( it was certified) but it came back unclaimed. What are our options, and can we file a police report?
Answer
If you gave the car to the person who allowed the other to use it, and the other was prosecuted, it is highly unlikely that the DA's office will accept charges. You can try, but I doubt it will work.
A letter need not be claimed for the person to be put on notice that there is a lawsuit. You can still file the lawsuit and have the people served to appear in court. Remember, though, that if they do not have money, you will not collect and will be out whatever expenses you incur.
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