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  1. #1
    Join Date
    Oct 2014
    Posts
    8,238

    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.

  2. #2

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

    Clear - Thanks!

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    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.

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