• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Shopping Cart Accident

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

snna

Guest
What is the name of your state? Oregon

Help! After unloading my groceries at Costco, I saw no shopping cart stalls nearby so pushed my cart into an empty parking spot nearby. The nearest car was two spots away so I thought it would be okay. While walking back to my car, the cart rolled two spots away and into that ONE parked car nearby. The owner happened to be in his car at the time and saw it happen and came walking over to me asking me if that was my cart. I said it was and we walked back over to see if it damaged his car. It put a small ding/dent (about 1/2 in. in size) in his right passenger side door. Am I liable? Our insurance agent says it would come out of our home owner's policy and not auto since I wasn't in the car when it happened. We have no deductible on our home owner's policy but our agent tells us that it will increase our rates by $600/yr. over the next 3 yrs. if we submit the claim!

My question is, am I liable if I refuse to run this claim through our insurance or to pay the owner of the car outright for the expense to fix his car?
 


I AM ALWAYS LIABLE

Senior Member
My response:

You're negligent and liable for the damages to his car because you controlled the cart, unintentionally allowing it to roll into someone's property. You failed to wait until the cart safely came to rest, and / or you failed to place the cart safely with a "cart corral".

That's negligent.

It's your choice how to pay the damages; i.e., run it through your insurance, or pay the damages out of your purse. But, pay you will.

IAAL
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top