QUESTION
Can we file a small claims against two individuals at the same time for vandalism before the court has tried them for the crime?
Asked on Oct 06th, 2017 on Civil Litigation - Arizona
More details to this question:
4 youth were together and two vandalized our car on our property. They were arrested by the police and are scheduled to have an arraignment. Is it better to wait until after their trial or file now? Can we file against both or should we focus on the one who did the most damage? The damage was $2500 but insurance paid all but $500 deductible. Can we ask for full amount as this affected our insurance?
1 ANSWER
You can sue now, but the court may stay the action pending determination of the criminal case. There is no reason to only sue one, particularly since the one you sue will likely cross-claim against the other anyway (you probably have a claim against all 4). You can sue for the full amount, but your insurance company will have the right to recover its $2000 off the top. You should talk to your insurer, because it maybe planning a suit for the $2000 it lost.
Answered on Oct 09th, 2017 at 7:43 AM