Albany, NY asked in Personal Injury for New York

Q: I was hit by a mall security guard and my car was damaged.

I feel he was overly aggressive and careless in his driving. Can I sue him for that along with getting paid to cover the cost of repairing my car?

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2 Lawyer Answers
Anthony A. Ferrante
Anthony A. Ferrante
  • Brooklyn, NY
  • Licensed in New York

A: Here in NY you can sue for "damage" which generally means what you've lost. In the context of a car crash damages will usually be limited to the damage to your vehicle and the damage to your body. So if you have injuries, you would be able to bring a claim for that.

NY does allow for "treble" damages (money) if you can prove that the other driver was reckless, but that is a very high standard an likely not attainable given your facts.

If you've sustained injuries you should seek out a local injury attorney and give them a call. Good luck.

Peter N. Munsing
Peter N. Munsing

A: You need to speak with an injury attorney who is a member of the NYState Trial Lawyers Assn--they give free consultations.

You aren't saying how you got hit, so that needs to be addressed (not here--this is a public website--when you get the consultation is when to discuss it). Ask the mall for a copy of any dashcam or surveillance cam image. Make a note of who you talk to and send a confirming letter. Old school. Paper, postage, the real deal letter.

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