Man ready to press charges after teenage stepson crashes car

A stepdad wants his teenage stepson to “take responsibility” after he ignored an order to stay away from his car – and crashed it.

Man ready to press charges after teenage stepson crashes his car. Picture: iStock

Welcome to Sisters In Law, news.com.au’s weekly column solving all of your legal problems. This week, our resident lawyers and real-life sisters Alison and Jillian Barrett from Maurice Blackburn help with a family dilemma.

QUESTION: I don’t have the best relationship with my 19-year-old stepson, and I have made it very clear since he got his licence that he is not allowed to touch my car under any circumstance. However, I was away last weekend, and in that time, he took my car for a spin – and crashed it. The police weren’t called as it happened on a private property, but is there any way he can be forced to take responsibility for this? – Jonathan, NSW

ANSWER: This is a complicated situation Jonathan. In addition to considering your legal options, you likely have familial issues to navigate when deciding what steps to take.

We note that you want your stepson to take responsibility for the accident.

For a joy-riding charge to apply, it would need to be shown that – without your consent – your stepson took the car and drove it. Picture: iStock

Criminal action

Given he took the car without your consent, you’ll firstly need to decide whether you inform the police.

There are two potential charges your stepson may face if you contact the police: stealing a motor vehicle or joy-riding.

Stealing is the more serious charge and will be laid where someone takes a car without the intention of giving it back. The maximum penalty for stealing a car is 10 years in jail.

Joy-riding (referred to under the NSW law as taking a conveyance without consent) is a less serious charge, which applies where a car was stolen and later returned.

For a joy-riding charge to apply, it would need to be shown that – without your consent – your stepson took the car and drove it.

Given we expect your stepson always intended to return the car, it is likely the charge of stealing will not be relevant and joy-riding is the more appropriate charge.

The law doesn’t give a specific penalty for the offence of joy-riding.

Instead, the court would use its discretion to impose the most appropriate penalty, which could be imprisonment, home detention, a suspended sentence, community service or a financial penalty.

In deciding the appropriate penalty, the court will consider the nature of the offence, any criminal history and the personal circumstances of your stepson.

The best way to recover the cost of the repairs is amicably and by agreement, particularly given you are family. Picture: iStock

Car insurance

If you have comprehensive car insurance, this should cover the cost of all repairs to your vehicle, less any excess, which will be payable by you (or your stepson if you choose to recover it from him).

If you don’t have comprehensive insurance, the cost of the damage to the car needs to be recovered from your stepson.

Informal agreement

We assume there was no other vehicle involved and your stepson caused the accident, which means he is solely responsible for paying for the repairs to your car.

The best way to recover the cost of the repairs is amicably and by agreement, particularly given you are family.

If you can come to an agreement, we recommend preparing a short document (a contract), which outlines the terms you have agreed on, including the amount to be repaid and over what period of time, which you should both sign.

This will provide you with some protection should he not pay.

If your stepson refuses to pay, the next step is going to court. Picture: iStock

Letter of demand

If you are unable to come to an agreement, the usual procedure to recover money for property damage would be to write a letter of demand to the person that owes you money; in your case, your stepson.

This will detail what you are owed, with quotes for the repair, and when and how you want the money paid to you.

Property damage claim

If your stepson refuses to pay, the next step is going to court.

The cost of the likely repairs will impact which court in NSW you need to proceed to.

The Small Claims Division of the Local Court will deal with a claim for up to $20,000.

The General Division of the Local Court will deal with claims over $20,000 and up to $100,000.

To start a claim, you need to prepare a formal court document called a Statement of Claim and file it in the appropriate court.

Going to court is a significant step to take. If you reach this stage, we would recommend you obtain legal advice to understand the process involved or seek help from a community legal centre.

This legal information is general in nature and should not be regarded as specific legal advice or relied upon. Persons requiring particular legal advice should consult a solicitor. If you have a legal question you would like Alison and Jillian to answer, please email [e-mail]. Get more from Alison and Jillian on their Facebook page.