Car wreck in a mall parking lot. Do I have any rights?
I doesn't seem like I do and I was the victim. This guy pulled out of a parking space without looking and t-boned us. He damaged our car where it is not even driveable. The ENTIRE wreck was captured on video,but mall security will not release the tape to my insurance company because they say that it is on private property. What is the puropose of having mall security and security camras when they absolutly don't do anything to help? How can I get this tape to the insurance company?
Answers:
I agree with the people who said to have your insurance company cover it.They have a legal department who are experienced in these matters.Parking lots are considered private property and as stupid as it may sound the rules of the road do not apply although you would think common sense would.Your insurance premiums cover this so let the insurance company do their job.Maybe the mall is hesitant to co-operate with you because they think they may be dragged into litigation.I imagine it is very frustrating on you .Good luck.
leave it to the insurance company lawyers. It is fairly simple to subpoena someone to a deposition and to get the video that way.
let the insurance company handle it
should of called the local police and exchanged ins. info.
Have the insurance company fight them for it--best advice I can give you.
YOU CAN sue them for it, by theory. Since it was evidence in an accident, the police have the rights to obtain it. Get the police involved.
Any accident between 2 cars on a parking lot will almost always be split 50-50 fault wise. sorry for your damages.
ask manager
Get an attorney and have the tapes subpoenaed. He is responsible and your insurance company needs to go after the tapes and make sure this guy pays for your damages including a rental car.
hopefully u got his info. just file a claim against his insurance. in the report tell them it was all caught on tape in the mall security. they can subpoena them during their investigation. if u didnt get his info or a police report be prepared to get your deductable money ready
A crime was committed and the mall is withholding evidence of said crime.
Are the polica aware? They can be in slow gear on fender benders but the law is on your side.
Cheap way is find the Head of the mall, bring them a letter and in person state that if the evidence is not released you will have the courts get it.
If it dissappears you will sue. Either they can do it the easy way or the hard way. talk to the big guy only and be tuff.
you don't need the film. only if they're denying hitting you. if that's the case then try getting a tape from a neighboring store or if there was people there who saw then get them to go to court with you. if you got their plates then just call the police. or if you exchanged insurance companies then just call theirs.
i don't think a car can pull out of a parking spot and hit you hard enough to the point where you can't drive your own car anymore.
If there was a police report made and you get a lawyer and tell him and give him the police report, he can obtain a warrant to force the mall security to hand over the tape so you both can take the man to court and force him and his insurance company to either fix your car or replace it.
Besides the completely inaccurate infor realyed by jobe, this is a civil action. Since you have insurance, read your policy. There should be a clause for legal representation.
Contact your insurance company and inquire as to your rights to sue and their responsibility under contract to provide legal representation.
The mall security tape can be subpoenaed under third-party evidentiary rules so it's a non-issue.
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