Yesterday I was at Lowes during a driving rain storm. The shopping carts were flying all over the parking lot. (Wind driven). I waited for the wind to stop before I parked my car .My question is this: If a shopping cart hit my car and caused damage, is the store libel? The person who left the cart would have been long gone. If it is, besides notifying the store must you file a police report on the spot?
I'm not sure of the legalities, but I'm pretty sure that it would be covered under Comprehensive (non-collision) on your auto insurance. A lot of parking lots have a notice that they are not responsible for damages to the vehicle, but again I'm not sure of the actual legal responsibility. I think that people who don't put the cart back in the designated areas (or returned to the store) are true dirtbags in our society.
<div class='quotetop'>QUOTE(dogfriend @ Sep 27 2007, 11:25 AM) [snapback]518472[/snapback]</div> From what I have seen most DO Not put the cart back in the designated areas. As they would be gone from the store lot in this example you would be out of luck trying to have them pay for any damage. You said " A lot of parking lots have a notice that they are not responsible for damages to the vehicle, but again I'm not sure of the actual legal responsibility. " BUT Who ownes the shopping cart that caused the damage?? Could this be considered an Act Of God ??
Shopping carts are one of the most amazing and intelligent inventions of mankind. I don't know how they know it but they automatically seek out the newest automobiles in a parking lot, and hit them.. Keith
<div class='quotetop'>QUOTE(dogfriend @ Sep 27 2007, 11:25 AM) [snapback]518472[/snapback]</div> I may not have put it quite so harshly but I have to agree! This is a big pet peeve of mine. Pure laziness. FWIW, I also make a point to not park in spaces beside the cart corrals to avoid gatting hit by a cart from the guy who thinks shopping carts roll true enough to Shove it from across the isle and 3 spaces up. As for the question at hand, I'm betting all stores have a policy in place that they are not responsible. If they could be they would be painting an avg of a car a day I'm sure.
<div class='quotetop'>QUOTE(Bohous @ Sep 27 2007, 12:57 PM) [snapback]518529[/snapback]</div> Found a Possible answer on Yahoo http://answers.yahoo.com/question/index?qi...19172026AALM5Cb Also sent a note to my insurance company . Will seee what they say.
<div class='quotetop'>QUOTE(NYPrius1 @ Sep 27 2007, 08:21 AM) [snapback]518445[/snapback]</div> Had my new Subaru dented pretty good by one zooming down the sidewalk beside a grocery store on a very windy day... since it was on the sidewalk it was 6 inches higher than if it were on the parking lot. Dented the fender pretty good, I was sitting in the car waiting for my wife and it really rocked the car. Didn't contact the store, I'm sure they wouldn't have done anything. Also... ALWAYS PARK FACING INTO THE WIND. That way the car next to you won't have the wind catch the door and blow it into yours.
My thinking is...how can you prove that the damage was done by the cart right there and then? Maybe the damage was done in another parking lot at another store, and only noticed now. I don't think one can prove it where and when it was done unless you have a video going as it was getting damaged, so...I don't think you can hold any store liable for it, hard to prove, in my opinion, and it would be their defense. The greatest idea, but a bit annoying one, was the carts with the locks (25cent). This way, if you want your quarter back, you have to return it to the designated area.
<div class='quotetop'>QUOTE(NYPrius1 @ Sep 27 2007, 10:21 AM) [snapback]518445[/snapback]</div> Got The Answer From My Insurance Company........ Thank you for visiting the Liberty Mutual Website. We have received your inquiry regarding coverage for damage to your vehicle. If your vehicle was hit by a shopping cart, any resulting damage would be covered by your automobile policy under the collision portion. Collision covers damage caused by the upset of your vehicle or it's impact with another vehicle or object. You currently carry a $1000 deductible for collision. You likely would not be able to hold the store liable for damages, as most post disclaimers stating that they are not responsible for damage done by shopping carts. You can contact an attorney for additional information regarding their liability. Hope This Helps
