by Guest » Wed Aug 19, 2009 09:03 pm
A shopping cart hit my parked car and the adjuster would like to know if I was in the vehicle at the time of the accident... should I admit I was in the car or not? Is it to my advantage that I was sitting in the parked car during the accident?
Posted: Fri Aug 10, 2012 12:39 am Post Subject: Cart vs Car
My wife and I are being sued because the shopping cart rolled into her friends car and now the "friend" is blaming my wife. We are being sued for $673.00. I plan on using the "Act of God" phrase when we go into court. Thank you for that. I hope the judge laughs and throws this ridiculous case out!! The only damage was the clear coat of the paint job was scripted off. *Less then a half of a dollar long, and smaller then a quarter wide. Thanks for all your help
Posted: Fri Aug 10, 2012 01:02 pm Post Subject:
If you had the time and know how I'd bring the owner of the parking lot in as a 3rd party or even if not there as a 3rd party, place blame on them for an incorrect design of the parking lot which allows carts to roll with little to no effort.
Take photos.
Posted: Fri Aug 10, 2012 07:36 pm Post Subject:
I plan on using the "Act of God" phrase when we go into court. Thank you for that. I hope the judge laughs and throws this ridiculous case out!!
Yes, the judge will get a really good laugh out of that -- at your expense. This is not an "Act of God" as insurance companies try to blame Him for things they cannot explain but do not want to pay for.
The case will not be tossed, and you will probably lose with a ridiculous defense such as that.
Small claims court is a "he said - she said" circus. Before your hearing, you need to go sit in that very same small claims court and watch and listen to what goes on. It will be a valuable lesson. You will hear the kinds of excuses people use to impress the judge, and the stories the tell to try ot convince the judge the other party is a liar. The program on TV, The People's Court, which first aired in the 1970s, should have been called what it really is, The Liars' Court, because that's mostly what happens when you're there.
You should follow tcope's advice and file a cross-complaint against the owner of the parking lot for his negligence in the design of the lot (even if he's not the original owner, he bought that negligence claim when he bought the lot)..
Posted: Thu Feb 21, 2013 09:26 pm Post Subject: Shopping cart hit my parked car
i was at work and notice a shopping cart against my car, went out to look at the damage and notice it scratched my car up and broke my tail light. i have been back an forth with these people? how are they not responsible, they barley ever go and pick up the carts outside.?
Posted: Fri Feb 22, 2013 12:33 am Post Subject:
i have been back an forth with these people? how are they not responsible
First, see my sig.
They have their opinion and you have yours. They can deny that they have liability but that does not make them correct. If they won't pay for your claim you can always file suit and have a judge make the final determination.
Posted: Fri Feb 22, 2013 02:40 pm Post Subject:
is there anything else i can do besides take them to court?
Posted: Fri Feb 22, 2013 06:46 pm Post Subject:
Sure. You can drop the matter entirely, you can consult an astrologer to see if the stars are properly aligned to have the matter settled on The People's Court or Judge Judy, you can buy a $5 lottery ticket and hopefully win enough money to pay for the paint job. Your possibilities are limitless.
Posted: Sat Feb 23, 2013 01:32 am Post Subject:
is there anything else i can do besides take them to court?
You can walk in with a gun and force them to pay.... I don't recommend that approach.If you have collision coverage you can file under your own policy and ask your carrier to pursue the claim. Small claims court usually costs less then $100. It's a roll of the dice. Once in court you can tell the judge that they leave carts in their lot all of the time. But the judge may also consider the possibility that someone left the cart there and the store never had the opportunity to collect the cart. Does the store provide those corals? This would be another strike against you. Perhaps if you filed the store would then pay your claim. You just can't know.
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