Question from a reader:
Last month, my moped was stolen and then damaged afterward. The culprit was found, and we reached a settlement, but I’m unsure how much I should claim. The other party is a minor, and their parents will be responsible for the payment. I bought the moped for 50,000 yen, but for a month, I had to rely
on walking or my friend’s car for commuting to work and school, which was very inconvenient. Additionally, the front part of the fairing is about 80% damaged, and the wiring is cut, so the engine won’t start, making it difficult to push it home. Right now, I have it parked at my part-time job. I can’t decide whether to repair it or buy a new one, and since I plan to move next year, I was thinking of scrapping it. I also don’t know the condition of the engine, making it hard to come up with a specific claim amount. I would like to settle for 200,000 yen, including compensation for inconvenience and emotional distress. Is it acceptable to claim damages for malicious acts even if the other party is a minor and may not have money?
Considering a Settlement After My Moped Was Stolen
Hello! Today, I want to discuss a somewhat heavy topic: settlements for stolen mopeds. I once heard a similar story from a friend, and his experience left a strong impression on me. Now, let’s explore the answer to your question.
Organizing the Situation
First, it’s important to organize your situation. You mentioned you purchased the moped for 50,000 yen, but what is its current condition? You stated that the fairing is broken, the wiring is cut, and the engine won’t start. Given this, I understand why you’re unsure whether to repair it or buy a new one. Furthermore, we cannot ignore the inconvenience caused by the difficulties in commuting and attending school. Living for a month relying on walking or borrowing a friend’s car can be quite stressful. Such time and effort might also be factors to include in your settlement.
Calculating the Settlement Amount
Now, regarding how much to claim for the settlement, let’s first consider the loss of the moped. To illustrate the current state of the moped you bought for 50,000 yen, you need to take the following points into account: 1. Repair Costs: Considering the damage to the fairing and the state of the wiring, estimate how much it would cost to repair it. This will impact the realistic value of the moped. 2. Loss from Alternative Transportation: You should also consider the time lost and any costs incurred, such as gas money when borrowing a friend’s car due to the inconvenience of commuting and attending school. 3. Emotional Distress: This is a bit tricky, but the stress and anxiety caused by the theft of your moped might also be included in the settlement amount. Especially regarding malicious acts by a minor, it’s understandable to want to hold someone accountable in some way.
Considerations for Minors
Now, we also need to think about the fact that the other party is a minor. Indeed, it can be challenging to hold a minor financially responsible. However, since their parents will be liable, it is possible to claim a settlement. That said, whether the parents have the financial means to pay is another matter. If the other party’s family lacks financial resources, even if you can claim the settlement, it’s uncertain whether you can actually collect it. In such cases, it might be wise to consider your own intentions and your relationship with the other party.
Importance of Calm Judgment
After hearing all this, you probably feel strongly about wanting to settle for 200,000 yen. It’s certainly frustrating to have something you worked hard to obtain stolen and then damaged. However, it’s crucial to remain calm and think about calculating a realistic amount rather than just focusing on your feelings. In my friend’s case, when determining the settlement amount, he considered the other party’s family situation and avoided making an excessively high claim. As a result, they reached a settlement amount that both parties could agree on, allowing my friend to find some peace of mind.
Conclusion and Advice
Finally, how you choose to claim the settlement amount is up to your judgment. To set a specific claim amount, it’s necessary to clarify your losses and consider your relationship with the other party. Claiming against a minor carries risks, but it’s also important to assert your rights. By calmly assessing the situation, you can proceed with a settlement at an appropriate amount, ultimately leading to your own peace of mind. If you have any further questions, feel free to reach out again. I hope your worries can be alleviated even just a little!