Hit a shopping cart at 30mph

[LeakySeals]

The other day we had a severe thunderstorm with strong winds and heavy rain that lasted about 15 mins. I happened to be driving at the time. Out of nowhere on the main road, a shopping cart blows across the road almost right in front of me. Bam! smashed right into it and it went into the air, into another lane of traffic and Bam! Somebody hit it going the other way. Circling back around, the shopping cart blew out of a grocery store parking lot , down a hill, and right out onto a busy road (Daniel Webster highway, Nashua).

Should I make contact with the grocery store, or am I on my own. Is the grocery store liable for the damage that cart did? Its an Escalade so a broken tail light, dented hood, and a caved in bumper is a significant ins cost to repair if I don't DIY. Even a DIY is $300+ (light, bumper, hood).

The lip of the front bumper cover is almost flush, should be out almost an inch like the other side. The dent on the hood is worse in person. And of course that light is toast, which isn't cheap.

 

[zzyzzx]

What did your insurance company say (if you have collision)?

 

[Imp4]

Every grocery store I know of has a sign posted in the parking lot that states they are not responsible for damage caused by shopping carts.

That being said, this appears to have happened in the road so the situation may be different. I'm sure their corporate office has dealt with this before. If you plan to pursue, go straight to the store manager, then call corporate to escalate.

Good luck!!!

 

[CT8]

Every once in a while I see a dead cow on the side of the road. People drive too fast for the road conditions. Just push down on the gas pedal and go.

 

[Smokescreen]

As a teen, we used to hit them for fun with our old Malibu station wagon with full metal bumpers...the only damage sustained was to the cart.

 

[LeakySeals]

Originally Posted By: zzyzzx
What did your insurance company say (if you have collision)?


I have not called them yet.

 

[PimTac]

Originally Posted By: LeakySeals
Originally Posted By: zzyzzx
What did your insurance company say (if you have collision)?


I have not called them yet.



Your first step.

 

[PimTac]

Looking at the damage in the pic, getting a claim with your insurance may or may not be the right way to go. How much your deductible is will determine that.

 

[Jimzz]

Originally Posted By: Imp4
Every grocery store I know of has a sign posted in the parking lot that states they are not responsible for damage caused by shopping carts.

That being said, this appears to have happened in the road so the situation may be different. I'm sure their corporate office has dealt with this before. If you plan to pursue, go straight to the store manager, then call corporate to escalate.

Good luck!!!


Yea those signs have no legal weight. Same thing with the signs on back of trucks saying they are not liable for falling gravel or anything else. Putting a sign on something does not change the legal liability of it. They are there to make people not file complaints against them.


OP if the storm was a slow one, known, then they might have some liability. If it was a freak sunny sky to dark clouds/crazy winds in a matter of a minute then less so. I would still contact the grocery store to get their insurance information and supply it to your insurance company at minimum.

 

[Gimpy1]

Depending on state law it may be a peril that can be subrogated. I would contact my insurance carrier and report a claim as a comprehensive claim not collision. Your insurance company will indemnify you (ie make you whole) and then once all the costs of the claim are completed they will "subrogate" the other party. Depending on what store it is. They will pass it on to their carrier or deny it. The claim will then go to arbitration and that decision is final. This is a long process but it will happen behind the scenes for you, all you are on the hook for is your deductible which will be reimbursed if the subrogation is successful.

 

[DuckRyder]

Depending on exact policy language and jurisdictional differences a wind driven shopping cart is probably comprehensive.

Comprehensive claims are generally not easy to subrogate, so I would not get my hopes up there.

 

[SatinSilver]

Contact corporate and ask to talk to someone in their legal department. I would diy if possible and when they hear that they maybe more willing to settle a dispute for $400 versus $3500 at a body shop. Not sure I'd bother with a new or used hood. Maybe some pdr work then buff out.

 

[TheLawnRanger]

It's a blessing it didn't go through the windshield.

 

[donnyj08]

Originally Posted By: PimTac
Originally Posted By: LeakySeals
Originally Posted By: zzyzzx
What did your insurance company say (if you have collision)?


I have not called them yet.



Your first step.


Hopefully you arent screwed. Generally you should contact insurance company within 24hrs after an accident.

 

[JLTD]

Originally Posted By: PimTac
Originally Posted By: LeakySeals
Originally Posted By: zzyzzx
What did your insurance company say (if you have collision)?


I have not called them yet.



Your first step.


Yup. They'll fix your car and go after the cart's owner (if allowed legally).

 

[Gebo]

Contact store first. They may take care of it as a good will gesture. If not satisfied with their response, I'd call insurance company.

 

[hemitruck]

Agreed, let ins company handle all this. If there is liability from the store, the ins company will handle that on their end.

 

[doitmyself]

Do you have pictures or witnesses to back up your story? I ask, because couldn't a person make all this up in order to attempt to get damage repaired by someone else?

 

[Nick1994]

This is a Comprehensive insurance claim, as the shopping cart blew into your car. Comprehensive claims don't raise insurance rates, it's like hail damage or a rock hitting your windshield.

Make sure you don't tell the insurance company that you hit the cart,tell them the cart blew right in front of your car.

 

[Oily_Thing]

Let the insurance company take care of it for you. This is exactly why you have insurance, no? They will go after the store's insurance. Get it fixed right at a good body shop. I bet there is more damage that you cannot see.