WHAT DO I DO IF THE PERSON WHO TOOK MY CAR WITHOUT PERMISSION DAMAGED IT ?.

By BarefootLawyers.

Sibibye is a mechanic who has watched too many ‘Fast and Furious” movies. Yesterday, he was given a Subaru to repair and decided to ‘do donuts’ and drift with the car. Long story short, the Mugaga’s Subaru collided with a shop and it is no more. The Mugaga had only brought the car for service, what is he supposed to do now that Sibibye has destroyed it.

WHAT DOES THE LAW SAY?

Earlier today, we told you that to take something that does not belong to and use it without the owner’s permission is theft. However, sometimes arresting someone for theft does not restore what was taken or stolen if it is damaged or destroyed. In this case, the law allows you to sue the person who has ‘stolen’ and damaged your property in “civil courts” for what the law calls ‘conversion’.

Conversion means intentionally taking away or using the personal property of someone else without their permission or authority. Now if the Mugaga proves that the Subaru was his and that he did not give this Sibibye person to drive it or use it, then the court can punish Sibibye by ordering him to pay the Mugaga the full value of his car at the time he brought it to the garage for repair. For example, if the Subaru was 35 million at the time, then the court may order Sibibye or the garage to pay the Mugaga 35 million as value for the car that was damaged or used by Sibibye.

It is not enough to repair or to say the car was put back after using it. If the owner chooses to ask for the value of the car, then the court may order the person who ‘took’ the car to pay that money.

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