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Should I Consider Suing?

I was hit in a mall parking lot by someone who was driving way above the speed limit. My car was totaled and there was no police report filed because it happened on "private property". The damage to my vehicle was so bad that even the tow truck driver had a hard time believing that it happened in a parking lot and if my daughter had been with me she could have been killed. Nothing was even said to the other person about the fact that they were speeding. Should I consider suing the owners of the mall for not upholding the posted speed limits and letting people drive as fast as they want to with no consequences?

6 Answers

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  • 1 decade ago
    Favorite Answer

    sure you should sue. at least for the amount to fix your car or get a new car. i would just talk to a lawyer first on what to sue them for ( like negligence or whatever). hope you have better luck than you did in the parking lot!

  • Anonymous
    1 decade ago

    What do you mean "consider"? Sue the driver of the other vehicle for the damages they caused to your car! They have insurance, don't they? This is why people have insurance, to pay for the damage they cause to others; and you must sue to get compensation!

    Their speeding really has nothing at all to do with anything; you sue them for the damage they caused your car. Focus on getting the check from their insurance company, nothing else is important. Let your lawyer present the details in court and he will also likely tell you that suing the mall won't get you anywhere, sorry.

  • 1 decade ago

    You can't win a suit like that because you would have to prove the mall was somehow negligent, which will be very hard to do because it is impractical to expect them to prevent negligent acts by others. They don't let people speed any more than the state lets people speed on highways. People just do it. Anyway, your suit will be against the other driver for whatever your insurance won't cover.

  • 1 decade ago

    You can, and probably should, sue the other driver.

    Don't try to sue the mall, you will lose.

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  • 1 decade ago

    I would sue the driver of the car, the mall security division and the mother company which owns the mall itself.

  • Anonymous
    1 decade ago

    Hell yeah you should!

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