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  1. #1

    Default Security Guard Guilty of Criminal Assault - How to Pay for Broken Car Window

    My question involves an injury that occurred in the state of: Nebraska

    An individual (looked much shabbier than De-de in "Next Friday") was claimed by a grocery store as an on-duty security guard. The manager admitted it was their fault although the cops only SAID they were pursuing Criminal Assault. Individual smashed car window as criminal mischief (didn't like the driver) and although there were a lot of cars in the lot, there was no one who wanted to be a witness and even the store was about empty - maybe there was an ugly incident immediately preceding. Cops did not arrest criminal assailant and car was driven home. Police did contact later for additional prosecution info (vehicle VIN). Nebraska has no victim restitution clauses or facilities. Pay out of pocket for smashed car? Please advise.

  2. #2
    Join Date
    Oct 2014
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    Default Re: Security Guard Guilty of Criminal Assault - How to Pay for Broken Car Window

    Quote Quoting Cymulacra
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    My question involves an injury that occurred in the state of: Nebraska

    Pay out of pocket for smashed car? Please advise.
    Pay to get the window fixed and send a written request to the store for reimbursement. If the store won't pay, then file a lawsuit against the security guard and store in small claims court. This assumes, of course, that the security guard broke the window and was not justified in doing so.

  3. #3

    Default Re: Security Guard Guilty of Criminal Assault - How to Pay for Broken Car Window

    I get it you gotta do disclaimer. But doesn't a criminal assault charge against guard cover the at-fault entirely? I can't begin to imagine how this would not sail through civil process requirements.

  4. #4
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    Default Re: Security Guard Guilty of Criminal Assault - How to Pay for Broken Car Window

    Quote Quoting Cymulacra
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    I get it you gotta do disclaimer. But doesn't a criminal assault charge against guard cover the at-fault entirely? I can't begin to imagine how this would not sail through civil process requirements.
    A criminal charge doesn't do anything for you. If the guard is convicted of a crime as a result of breaking the window, then that of course helps you in the lawsuit against the guard and the guard's employer, the though the employer may try to argue it is not responsible for it because committing a crime is outside the scope of the guard's employment. But in any event, you still need to sue to get reimbursed if the store (or security firm that employs the guard, if the store is not the employer) won't pay when you make a written request. All the conviction does is make proving parts of your case easier. It won't eliminate the need for the lawsuit unless, of course, the guard is ordered to make restitution in the criminal case and the guard does, in fact, pay it.

  5. #5

    Default Re: Security Guard Guilty of Criminal Assault - How to Pay for Broken Car Window

    Clear - Thanks!

  6. #6
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    Default Re: Security Guard Guilty of Criminal Assault - How to Pay for Broken Car Window

    Quote Quoting Taxing Matters
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    A criminal charge doesn't do anything for you. If the guard is convicted of a crime as a result of breaking the window, then that of course helps you in the lawsuit against the guard and the guard's employer, the though the employer may try to argue it is not responsible for it because committing a crime is outside the scope of the guard's employment. But in any event, you still need to sue to get reimbursed if the store (or security firm that employs the guard, if the store is not the employer) won't pay when you make a written request. All the conviction does is make proving parts of your case easier. It won't eliminate the need for the lawsuit unless, of course, the guard is ordered to make restitution in the criminal case and the guard does, in fact, pay it.
    Just to give an example:

    My house was broken into about 20 years ago and my claim to the insurance company was for about 4k worth of stuff after my deductible. The young men who did it were caught red handed, but only after they had already offloaded most of my stuff. They only had a few things left in the car. (they were stupid enough to come back for a second load and that was how they were caught). They were convicted and ordered to pay restitution. I got a 20.00 check about 8 months later and another 20.00 about 8 months after that. That was it.

  7. #7
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    Jul 2018
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    Default Re: Security Guard Guilty of Criminal Assault - How to Pay for Broken Car Window

    Quote Quoting Cymulacra
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    (looked much shabbier than De-de in "Next Friday")
    Huh?


    Quote Quoting Cymulacra
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    The manager admitted it was their fault
    What are the antecedents of the pronouns "it" and "their" in this sentence? In other words, WTF are you talking about?


    Quote Quoting Cymulacra
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    the cops only SAID they were pursuing Criminal Assault.
    Against whom and for what?


    Quote Quoting Cymulacra
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    Individual smashed car window as criminal mischief (didn't like the driver)
    Is this your car?


    Quote Quoting Cymulacra
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    Pay out of pocket for smashed car?
    This is not a particularly coherent sentence.

    If the point of your post is that someone smashed your car's window, you can make a claim with your auto insurance and/or sue the individual who did it in small claims court.

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