1969 240Z HS30-00048 destroyed. Seeking advice.

[AndBir]

On 10/24/2024 at 7:43 PM, MrKaos said:

Any advice would be appreciated.

Whilst not as low a VIN number, the car in this advert looks to be in a similar state and sets a price point that any assessor/court etc. would refer to :

https://www.gumtree.com.au/s-ad/dubbo/cars-vans-utes/1970-datsun-240z-sports-5-sp-manual-2d-coupe-all-others/1328600847

[1600dave]

On 10/29/2024 at 8:10 PM, C.A.R. said:

You'll spend years in litigation, the lawyer(s) - if you can find one to take on the case - will suck up any and all funds you have now and after the case is settled,
and untimely the #48 is still gone.
Nothing good will come of it.

My advice: Finish you other Z, never speak to your brother again and MOVE ON.

 

I'd heed Lurch's advice. Its gone, move on with your life. I very much doubt you'll ever get any compensation, no matter how much time and money you expend trying. If you do find a lawyer and get to court, by the sound of it your brother / his lawyers will just play the mental illness / not responsible for their actions card.

And a general comment for all - take out laid up cover. My 1600 was on laid up cover at a cost of around $125 a year or thereabouts. They paid out $25K earlier this year, I got to keep the dead remains (they even arranged to have it transported from Albury to my home in Newcastle). 

[gilltech]

I suspect that pursuing your brother through the courts would end up costing you more than 240Z #48 was worth at the time he destroyed it. After all, to put it bluntly it wasn't as if #48 was even an assembled car, but rather a very battered looking shell and a big pile of unrestored parts. To a Z enthusiast they might have looked like gold but to the rest of the population probably just a pile of scrap metal.

Not to mention all the effort and time you'd need to put into the process with no guarantee you'd be ultimately successful. And then there would be the problem of actually extracting $$$ compensation out of your brother if you were. So I agree with C.A.R. and 1600 Dave.

Having had to deal with a toxic family member myself, my advice is to maintain the moral high ground and have nothing more to do with him - your brother will be the biggest loser in the long run as he's lost you. Best you put the loss of #48 down to one of life's drawbacks and move on, enjoying your other and complete usable 240Z.

My 2c worth.

[MrKaos]

Thank you all for the advice and opinions, this has helped me assess my options.    Apologies for the delayed response.

@AndBir - I missed that ad.  I've gone with @gav240z's value suggestion as a basis. Thank you.  Learning that "Laid up" insurance is available is something that I'll apply to Z366.

@TobyMyers - others suggested this and after talking to the police it looks like this is the most appropriate course of action.  It was too hard to prove mens rea or actus rea (guilty mind, guilty act) for malicious damage however the burden of proof for theft is possible so criminal charges are an available option.  

@gilltech, @1600dave and @C.A.R.  - taking no action is a valid course of action, at this stage I am still considering what action I will take.

> You'll spend years in litigation, the lawyer(s) - if you can find one to take on the case

That's true *if* I take civil action.  Another option is the small claims court where I don't need a lawyer and time frames for settlement are 6 months at a maximum claim of 20K. 

> move on, no guarantee you'd be ultimately successful

The process of moving on is assessing my viable options so that once I do take actions I can accept that I did everything I could to avoid having any regrets.   The destruction of Z48 meant I've avoided a violent confrontation and eliminated any doubt that my brother's diagnosed and medicated mental health issues continue to worsen.

So keeping my distance was a good decision and in itself is a successful outcome, even if I don't like it, however I haven't defined what a successful outcome is in this context.

> Nothing good will come of it.

Good has come out of it.  The very act of assessing my options has opened other options which lands somewhere between doing nothing and having charges laid.  I am now in a much better position to decide what I am going to do as I plan the next steps. 

Once again thank you to this community for the perspectives, I'll post the outcome here when the time comes. 

 

 

[gilltech]

Good to hear back. All the very best with taking whatever actions you determine are ultimately right for you and your future peace of mind.

And great to have such a passionate Z enthusiast in the Z community.  

Onward and upward!