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damage to new 2004 quest

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K

kellie930

Guest
What is the name of your state? nh

My vehicle was hit by a carriage in a Shaws parking lot during a bad wind storm. I filed a report and pictrures were taking of the damage and now the adjuster is giving me the run around. Should I take Shaws to small claims court if they decide they are not responsible? I feel as though I should not have to pay the 500 ded from my insurance when the parking lot was loaded with run away carriages. Immediatley after the incident I called the supermarket and was left on indefinate hold and called the corporate office the following day. I am not sure if this is Shaws responsibility or if I am just wasting my time. Thanks, Kellie
 


I AM ALWAYS LIABLE

Senior Member
kellie930 said:
What is the name of your state? nh

My vehicle was hit by a carriage in a Shaws parking lot during a bad wind storm. I filed a report and pictrures were taking of the damage and now the adjuster is giving me the run around. Should I take Shaws to small claims court if they decide they are not responsible? I feel as though I should not have to pay the 500 ded from my insurance when the parking lot was loaded with run away carriages. Immediatley after the incident I called the supermarket and was left on indefinate hold and called the corporate office the following day. I am not sure if this is Shaws responsibility or if I am just wasting my time. Thanks, Kellie

My response:

You're going to be "eating" this one. There is no negligence that I can see from your post. Having carriages (shopping carts) in a parking lot is not negligence. And, wind blowing a cart into your car is an act of nature (the wind); i.e., but for the "wind", a cart would not have been blown into, and damaged, your car.

Also, in order to prove negligence, if any even existed, you'd also have to prove "notice" - - that is, that the store KNEW that there were winds or wind gusts, and KNEW that their carts could be blown by such winds, and knew that there were any carts in the parking lot, and knew that damages would result by having the carts in their lot.

In summary, you can't prove "notice" and you certainly can't prove "negligence" because "wind" is an "act of nature."

IAAL
 
K

knotcops

Guest
Although what IAAL said is correct, the stores insurance MAY cover your claim. Some of the larger store chains cover these type of claims to keep a good customer relationship. It is always worth a try!
Do you shop at this store often? Does the store manager know you as a regular customer? This will help.
 

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