Do you need a lawyer to recover a stolen watch?

lawyer lost watch

If your watch is stolen, you may find yourself in legal trouble. A criminal procedure against the thief could begin when you filed a stolen report with the police. If the watch is ever found with a good faith buyer, you may have to file a legal action to regain it. Do you need a lawyer to recover a stolen watch?


Legal assistance with the criminal procedure

One of the first steps to take after your watch was stolen is to report the theft to the police. The police will start an investigation, and depending on the different circumstances, they hopefully may be able to identify and arrest the thief. Although some time will go over it, a criminal procedure will likely be initiated.

As a victim of the crime, you have the right to intervene in the proceedings as a civil party. In many nations, even if the investigation is classified, this is already feasible during the investigation. If not, you will be permitted to intervene later during the criminal trial.

You will be entitled to seek your losses if you intervene as a civil party or victim. This is most likely the value of the watch if you were not insured, or the difference between the amount that got covered from the insurance and the actual value of the watch. Moral damages can also be claimed for mental anguish or intangible injury caused by the crime.

Without a question, hiring a lawyer to represent your interests during a criminal proceeding is a wise decision. The attorney is familiar with every phase of a criminal investigation and the procedures that follow, as well as how to properly claim your damages. Victims who do it on their own, risk making blunders.

police investigation


Legal assistance with claiming the watch from a buyer in good faith

Imagine the thief will never be apprehended, but your watch will turn up in an unexpected place. Perhaps after a servicing with an official dealer, or perhaps after the cops discovered it during a house search someplace. Depending on how the watch was discovered, you may want legal counsel. If the watch is discovered by the police during an ongoing investigation, you will most likely be given the watch after proving ownership. If the watch does not show up after being serviced by the manufacturer, you may be in for a far greater problem.

The legal notion of “buyer in good faith” is found in most countries’ laws. This means that, in some circumstances, the buyer can keep the items if they are free of defects. As a result, good faith is a “psychological condition” in which the acquirer believes his acquisition is legitimate. The acquirer acting in bad faith is the one who is aware that his acquisition title is invalid.

The legal presumption of the good-faith possessor is added to this premise. This means there is a presumption in the law that the owner is acting in good faith. Anyone who claims otherwise will have to prove their claim. For example, the buyer knew or should have known that the watch he purchased had previously been stolen.

The original owner may not always be able to retrieve his stolen watch when it is discovered, depending on the unique legislation in the relevant area. It happened before that a stolen Rolex turned up with the manufacturer where it was reported stolen. Rolex only informed the previous owner that the watch turned up, but did not automatically return it. Legal action was needed. Always look for competent jurisdiction and applicable legislation when dealing with a problem. Some countries’ laws support the good faith buyer, while others, such as the United States and the United Kingdom, prefer the original theft victim. An attorney will know what to do.


Legal assistance with your insurance claim

Apart from these legal issues, other problem may arise between you, as the victim, and your insurer. Perhaps your insurer refuses to compensate you because of the circumstances under which the watch was stolen. Perhaps there is a disagreement over how much value the insurer should cover. Consider how much the watch has appreciated over time. In certain cases, a lawyer who specializes in insurance claims can assist you.

Next, a lot of insurance policies include the right of subrogation or even ownership, after losses were covered. This means that when the insurances covered your losses and paid you the value of the stolen watch, they could end up claiming the ownership of the watch if it would turn up later. Especially with very luxury watches that appreciate over time, an issue with your insurance could arise and legal help is advisable.

insurance policy


Your lawyer’s fees will be covered by legal expenses insurance

You are frequently insured as a victim. Not only for the watch’s value but also in case legal assistance is required. It is critical to review your insurance coverage to see if legal help is included and legal expenses are covered. This means that your insurance company will pay your lawyer to assist you with the legal difficulties described above.

A legal expenses insurance will often pay the thees of your lawyer, but also any other legal or court costs.


Conclusion? Do you need a lawyer?

Unfortunately, if your watch is stolen, you may face several legal troubles. Not only against the perpetrator but also with a trustworthy third party or even your insurance company. Do you need a lawyer to recover a stolen watch? You will also visit a doctor if you are ill. Find a suitable lawyer if you’re in legal trouble. Check your insurance coverage to see if legal assistance from a lawyer is covered to settle these matters. If not, work out a good deal with your lawyer.





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