Shopping cart damage

[m_adams]

A friends mother recieved a letter from a out of state auto insurance company stating she is responsable for damages to a car caused by a shopping cart.
The insurance company claimes,approx. 1 month ago, that a shopping cart,that was apparently resting against her car,caused damage to a different car when she moved her car and it rolled away.There was no car to car contact. They say they have 2 eyewitnesses who saw her license number as she left. She had no knowledge of the accident until now. They are only asking for $165.00. Is this worth fighting for such a small amount? Does the insurance company have a valid claim?

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Quite possibly yes. Let's put it this way:

Does she agree about the shopping cart resting against her car? If so, why didn't she move it prior to leaving the parking space?

Was she aware of the vehicle next to her, same side as shopping cart? If so, she should have foreseen the possibility of backing out with a shopping cart by her car and causing it to strike the adjacent vehicle.

This is pure negligence. The fact there were eyewitnesses (hence how the license was obtained) may be a good indicator. Have the car inspected to see if there was a scratch on your end (i.e. if marks from shopping cart resting on car).

The amount is so minimal also implies it is on the up and up.

 

[m_adams]

There was no damage to her car by the shopping cart. Also,even had she known the cart was there, she is very elderly and does have some mobility problems so unless she knew the cart was there and could cause other damage she may not have gone to the effort to move it.

Thank you for the info

 

[usdeeper]

If the insurance companies provides a statement saying that after paying $165, it is the end of the matter then I would pay it as it is such a small amount. One hour of an attorney to write a response/denial will cost a lot more.