bad day really bad

[warren s]

I don't know if I agree...I can't see how it is the Mall property owner's responsibility to make certain that nothing happens to your car while it is on his property.
If the same vandalism occured while the car was parked on a public street, would the city be liable? I don't see it happening.
Heidi

Thats the way it works here in NYC. If the street is in disrepair and you hit a pothole and bend / break a rim you can submit a form to the city for reimbursement. If you car is vandalized you are on your own. Malls have limited responsability for cars in the parking lots, I would try to confront them first before going to my insurance company to file a claim.

My 2000 Bonneville was hit by a wagon in a supermarket parking lot. I was parked at the bottom of the lot and a wagon hit one of the fenders (the fenders are made of the same material as the C5s body panels) and it put a crack in the fender. The market payed for the replacement.

 

[78SilvAnniv]

Thats the way it works here in NYC. If the street is in disrepair and you hit a pothole and bend / break a rim you can submit a form to the city for reimbursement. If you car is vandalized you are on your own.

...hit by a wagon in a supermarket parking lot. I was parked at the bottom of the lot and a wagon hit one of the fenders...crack in the fender.
The market payed for the replacement.

Yes, I think the supermarket scenario sounds appropriate, since it was perhaps the slope of their lot that allowed the cart to roll so far/fast to crack the panel. Even though it was a customer that didn't return the cart properly...

However, you state that pot holes the city is liable for but vandalism you are on your own. I would think vandalism in a public parking lot would fall under the same catagory. Owners cannot be responsible for the actions of the public on their property. The most this Mall is responsible for is to find the incident on tape and turn it over to authorities...and I think their involvement ends there.

A possible solution would be for large malls to provide a secure employee parking area to avoid this type of situation. But then, is the parking area closer to Macy's, Sears or JC Penneys?
Heidi

 

[warren s]

Parking lots at malls are not exactly "public" parking, there are considered commercial property. You are parking there because you are going in to patronize the vendors in the mall. For example, you cant pull up and have a baseball catch at the far end of the lot. The owner could legally ask you to leave / how you ticketed. (Been there) But you could do it in the parking lot of near by Wolfs Pond Park, a non-commercial city owned park.



I actually learned how to drive a stick back in 1975 in the Staten Island mall parking lot. Now the police will chase anyone out.



NYC is not the nicest place to live.

 

[SG4206]

well my wife called and mall security is checking the video. the cameras were on. i never said i was going to sue the mall .thanks for all your support,i will let you know what happens.
jeff

Sorry ;this was directed at Warren, not you. The more Warren says , the more I have to lock my lips.

 

[KANE]

I feel your pain-

One night, my wife (who was then my girlfriend) and I were on our way back from her sister's house when someone shot out my front windshield on my old '78. It was shot out from the side of the road on the passenger side of the vehicle. If we were traveling a little faster or the shooter had allowed for less lead.... my wife would have been shot right in the face!!!

well my wife calls me on her way home from work.she works in the mall for jcpenney.she tells me our new 04 black coupe has been hit with eggs. black paint outside temp 95 deg. you guessed it ruined paint.why do people do this kind of thing? got an estimate from fairway chevy 3500$ almost every panel. im sick she fells worse.what can you do? well thanks for letting me unload.
jeff

 

[B17Crew]

This was a terrible thing to have happen. This happens to all types of cars. I know of someone that had a new, 2003 Acura CL Type-S; someone keyed the heck out of it. No reason, no enemies, not parked taking up double spaces. Just targeted for what ever reason. Happened in a restaurant parking lot. The car was like yours, brand new, vandals got every panel. Maybe the vandals were jealous/envious, who knows.

It’s a terrible crime to destroy someone’s property, we all work hard for what we have. I hope that they’re caught. ad

B17Crew

 

[Patrick]

First things first-
Jeff, your story is a gut wrenching one for anyone. It's a shame some people seem to have such a jealous/hatred for Corvettes that they find it necessary to vandalize an automobile. Please keep us informed on what happens. We're all hoping for the best outcome (especially pocket-book wise) for you and your wife.

Sorry ;this was directed at Warren, not you. The more Warren says , the more I have to lock my lips.

I think Warren has a valid point, SG4206. Malls are, by definition, private property. Owners of malls have a responsibility that their tenants and shoppers alike rely on that a parking lot is going to be a safe place to park. Otherwise, there wouldn't be shoppers willing to go there, and with no shoppers, there's no businesses willing to rent space inside the mall.

Is suing the owner the right thing to do? We live in a litigious society, one where anyone can sue anyone else for anything. The question is, can you win?

I think in order to win, you'd have to prove that vandalism of cars at this mall parking lot is a regular occurence, that the owner had constructive knowledge that it was a problem, and that he/she/they did nothing to solve that problem or warn potential patrons of the risk of vandalism when they parked there. Again, not impossible, but a tall order to fill.

Certainly, the incident should be reported to the police, and the parking lot surveillence videos should be obtained to see what clues can be gleaned. A better solution than suing, if this was a one-time occurence, would be to file a claim against the mall owners' insurance/liability policy. If that fails, then it may be time to explore legal options.

As I said, Warren's recommendation is valid, even if best pursued as an option of last resort. Mind you, I'm not a lawyer, and I generally hold the legal profession in the highest esteem. But it is always an option.


-Patrick

 

[jrbartholomew]

well the security vidioes didnt help you could see the car but they said they could not see the act taking place.tomarrow i will call my ins. agent and check my options.my main concern now if i get it repainted it may happen again. im thinking about waiting a few weeks to see what happens.thanks for everybodys concern.

jeff

 

[jrbartholomew]

update

well had the paint buffed and polished.took it to detailer recommended by ins. co. last resort before paint. came out real nice,cant see any remains of egg.we a pleased with the results.i guess we just got lucky.
jeff

 

[hatdragracer]

I had a trans am keyed at my workplace, State Farm said since it was vandalism that comprehensize would cover the damage, the deductible is ony for moving accidents I thought....you should check with your agent to make sure before you pay the deductible in a comprehensive claim.

As far as the people throwing eggs, I am sure this will eventually catch up with them when somebody hurts something they cherish.

Just the sicko in me, but could you post pics of the damage?