Legal Question in Criminal Law in California

I was a security guard at a local security company that was contracted with a resort in my area. I worked the night shift and while I was working my car was vandalized on the resort's private property. My brand new car was spray painted and keyed so badly it caused over $4,500 in damages. My insurance company doesn't want to cover it because they say it should be covered by the resort for which I worked. I would like to sue the resort to fix my car but I am unable to find the statute that states I am allowed to do so. My company had asked the resort to install security cameras many times in the employee lot but they did not. What statute can I sue under? The police have a report and are not trying to find the vandals. What are my options? Thank you!


Asked on 10/07/09, 4:55 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

You've got nothing to lose [except possibly your job] by pursuing your claim; but, don't count on winning. You would have to prove they owed you and failed in a duty of protection, based upon all the facts, and that is not normally the case. Employers and stores, etc., are not responsible to you for the criminal acts of others.

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Answered on 10/07/09, 5:06 pm
Brian Dinday Law Offices of Brian R. Dinday

You have totally overlooked the most important option. Why on earth do you take what your insurance company says as gospel? All they want to do is avoid paying out any claims, keep your premiums and give you no coverage for what you bought. I take it you have comprehensive coverage on your car? If so, they ARE liable to pay for the repairs. If they want to go after the resort and try to get reimbursed for their payments, they are welcome to do so.

You apparently are a victim of bad faith, and your solution is to get tough with your own insurance company and demand they pay you and chase the resort if they want to. They have no right to refuse to pay, from what I see here.

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Answered on 10/07/09, 5:06 pm


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