About a month ago, I was the victim of a carjacking which took place in the parking lot at a mall. The incident occured as a result of a botched apprehension by a loss prevention employee of a department store who had chased this man to his car, broke his window, and took hold of his keys. As a result, the shoplifter took off on foot, happened to come across me as I was clearing ice from my windshield, and hopped in my car. Neither my car nor the man have been found. Would I have a case against the department store and/or mall security to collect compensatory damages? Is it true that in NY state a balance remaining on the payment of the car does not need to be repaid?
You absolutely may prevail in a case against the store. You also may not. If you can find a lawyer who will take the case on a contingency basis (which means you only pay if you win), then I'd sue. However, if you can't find a lawyer willing to do that, and you have to pay his hourly fee, then the store will wear you down, and you will run out of money long before you get to court.
Do you have to pay for your car in NY if it gets stolen? I've never heard of such a law, but before you ruin your credit, I would absolutely get confirmation. Ask yourself this question. Why would, or should, a bank take a bath because your car got stolen? Isn’t that what insurance is for? What legislature would pass such a law in this "business friendly" environment? Maybe NY would, but I highly doubt it.
But what the hell do I know? I'm a convicted felon.
You can sue if you can show that the store or the officer was not following correct procedure or if they in someway caused the incidenent.
But merely a security guard chasing a shoplifter ( appears to be much more than that, since shoplifting is nothing compared to auto theft)
But I would ask the moral question, why should you sue them, they were trying to stop a criminal from stealing in thier store, the security officer was trying to stop a criminal, who got away from him.
They did not intend this to happen, nor in anyway steal your car, a crook took your car, it is his fault ( and yours for having your car running and the doors not locked but that is another story)
so can you try and sue them yes, could you win, in California, maybe, since they have very libeal judges there. Should you, I do not beleive so.
Next why should you have to sue, since your car insurance should pay for the car, cars that are financed are normally required to have insurance on them, report the car to the insurance company, they pay off the value of the car ( first to the lender, then any balance to you)
Next be thankful you were not injured by the criminal. ( possibly because of the security guard that was chasing him)
So I would say don't try to blame someone beyond the criminal, this is one of Americans biggest problems today, if something happens, we think we need to sue someone or everyone for the event.
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