Hit and Run - Can I sue the Mall?

What is the name of your state? New Jersey

August of 2004 while working my part-time job my 2002 Ford Mustang was struck by a pickup truck who left the scene of the accident ( one witness). The witness did not get the correct license plate number and I am left with $2100 worth of damage, a bent frame, and drivers side window is now inoperable. My insurance deductible is $500, which I cannot afford (car payments too high). I was told by friends to sue the mall since the accident happened on their property, but my insurance company claims I cannot do this because the Mall has some sort of "no liability" policy. It has been more than a year and my car is literally falling apart little by little because of the bent frame and now the steering is affected. The drivers side door is aligned incorrectly as well from the impact. I cannot afford the $500 to fix. Can I sue the mall or the Dept. Store in which I was working at that time for the $500 deductible? What are my chances going to small claims court? Any advice? Would I just be "spinning my wheels" in this situation.

Thank you all so much for your advice and help.
CindyGia

CindyGia said:

What is the name of your state? New Jersey

August of 2004 while working my part-time job my 2002 Ford Mustang was struck by a pickup truck who left the scene of the accident ( one witness). The witness did not get the correct license plate number and I was left with $2100 of damage, bent frame, and drivers side window inoperable. My insurance deductible is $500, which I cannot afford (car payments too high).
I was told by friends to sue the mall since the accident happened on their property, but my insurance company claims I cannot do this because the Mall has some sort of "no liability" policy. It has more than a year and my car is beginning to fall apart little by little because of the bent frame and now steering is going. I cannot the $500 to fix. Can I sue the mall or the Dept. Store I was working in for the $500 deductible?
Thank you all so much for your advice and help.
CindyGia

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**A: and why would the mall be liable in any way?

HomeGuru said:

**A: and why would the mall be liable in any way?

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Well, duh! It ws obviously the mall that was driving the pickup! You know, if you're not going to be helpful...

HomeGuru said:

**A: and why would the mall be liable in any way?

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I was told that since it happened on "private property", (the mall's property) that I could try to sue and since there were no security cameras, I would have a case.

CindyGia said:

I was told that since it happened on "private property", (the mall's property) that I could try to sue and since there were no security cameras, I would have a case.

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Tell Mr. Rogers it's NOT his neighborhood.

You have NO case against the mall.

BelizeBreeze said:

Tell Mr. Rogers it's NOT his neighborhood.

You have NO case against the mall.

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Ok then. I guess that takes care of that. My insurance company was obviously correct in telling me I had no case. I just wanted to be sure since people are telling me I "do" have a case.

Thanks for the advice. I guess I'm sh-- out of luck. It really sucks. Not my fault yet I have to pay for it.

CindyGia said:

Ok then. I guess that takes care of that. My insurance company was obviously correct in telling me I had no case. I just wanted to be sure since people are telling me I "do" have a case.

Thanks for the advice. I guess I'm sh-- out of luck. It really sucks. Not my fault yet I have to pay for it.

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and why haven't you talked to an attorney?

CindyGia said:

Thanks for the advice. I guess I'm sh-- out of luck. It really sucks. Not my fault yet I have to pay for it.

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That's the point of insurance - to help pay for things that aren't our fault. Of course, that begs the question, if you can't pay the $500 deductible, 1) why didn't you get a policy with a lower deductible or 2) why aren't you driving a more affordable car?

You Are Guilty said:

That's the point of insurance - to help pay for things that aren't our fault. Of course, that begs the question, if you can't pay the $500 deductible, 1) why didn't you get a policy with a lower deductible or 2) why aren't you driving a more affordable car?

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My thoughts exactly. What the heck is the point of paying for insurance if you're not going to use it when you need it? This wasn't a ding on the door or a scratch on the fender.