What can I do if someone unintentionally damaged all 3 of my vehicles but has dementia?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can I do if someone unintentionally damaged all 3 of my vehicles but has dementia?

Our cars were sitting in our driveway. At around 3 am, a neighbor who suffers from dementia jumped into our SUV and backed into our other 2 cars. Now I have to pay out the deductibles on each vehicle because it falls under collision. He lives alone, doesn’t have much money and didn’t know what he was doing. What can I do against him to pay for the damages? And what if he does something worse down the road?

Asked on January 18, 2015 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue him for the damage he did to your cars--while dementia or other mental incapacity is a defense in a criminal case, it is not a defense to a civil case. Of course, if he doesn't have much money, it may be difficult to collect, but it is probably worth the effort to try.

You should report this to the police if you haven't--it was theft and intentional property damage. While his dementia may be a defense in a criminal proceeding, filing a police report may open the door to some other agency (such as adult protective services, or a community mental health agency) stepping in and providing him the help and supervision he needs.

If he has family, you can let them know what happened and that you are suing for your losses, and tell them that you will sue for any and all future damage--they may take steps to intervene.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption