Cadillac, MI Personal Injury Law Firms & Lawyers

You probably cannot sue the police officer for anything. Police officer have relatively broad immunity from claims based on "wrongful" arrests. As long as the officer had a reasonable belief, based on the evidence available to him or her at the time of the arrest, that you committed a crime he or she would be protected from any claim by you for a wrongful arrest. As to the car owner, you may have a case of "malicious prosecution," which basically means causing you to be arrested and criminal charged wrongfully, against her depending on the outcome of your criminal case and other information. To win a case for "malicious prosecution" you must prove all of the following: (1) that the car owner caused criminal proceeding to be filed against you; (2) that the car owner did not have probable cause for causing the criminal case to be filed against you; (3) that the car owner was motivated by malice; (4) the bona fide termination of the criminal proceedings against you in your favor; (5) that the criminal case was a proximate cause of some damage to you; and (6) the nature and extent of that damage. As to elements #1 and #2 (causing the charges and probable cause), you would have to prove that the car owner told the police officer that you keyed her car. If all she did was report that her car had been keyed and that you had left a note, that would not be sufficient to establish these 2 elements. If it was the police officer, who, after investigating, caused you to be criminal charged then you have not proven elements #1 and #2. For element #3 (malice), you would have to prove that the car owner caused the criminal proceedings to be initated against you out of "malice," which generally means that she caused a criminal proceeding to be filed primarily for a purpose other than that of bringing an offender [you] to justice." This depends on the car owner's state of mind. For element #4 (termination), you must obtain a "bona fide termination" in your favor of the criminal charges against you. This means either that the charges were dropped or you win at a trial. Dismissal of the charges based on technical grounds, plea bargains or similar items do not meet the requirements of this element. For the last 2 elements, #5 and #6 (damages), you probably, if you can prove the other elements, do have damages caused by the criminal charges. You had to retain an attorney and incur legal fees. In addition, your "stress" may also, depending on other facts not included in your question, be another "damage" you sustained. Unless you win the criminal case or have the charges dropped against you, you do not have a case against anyone for the arrest. If you do win or the charges are dropped, you should consult with an attorney who handles malicious prosecution cases to determine whether you may have a claim against the car owner.

Yes, your insurance company is subrogated to the rights of the providers and is entitled to be reimbursed. Your attorney may be able to get them to take less than full values on the basis that the attorney's work helped the insurance company get its money back.