Shopping Cart Hit and Run

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Old 10-23-2007, 06:49 PM
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Shopping Cart Hit and Run

*Note: I've been on different TSX forums and those don't seem to have as much activity, so I decided this is the most active bunch. I've already shared this story, but I thought I'd post it here. Read on...

So last week my gf drove the TSX to work (we both share the car and switch off) and she came out and found a dent in the front fender on the passenger side. Its about 4 to 5 inches in length and pretty deep. The paint was also scratched off, and the fender was slightly dislodged from the front bumper. The front fender is most likely going to need to be replaced. The bumper was also missing some paint and you could tell where the point of impact was, so at my early estimation, its probably about a $1500 fix. I don't have pics up since it was dark last night when I got to see it, but I will take some tonight and post. It'll definitely make you all cringe. For those of you familiar with the San Diego area, this was in Rancho Santa Fe.

So how do I know this was a shopping cart that did the damage? We have a witness that left us a note, with the make and model of the car of the person who did the damage (black Escalade), and the license plate number listed. He even gave a description of the events. And the best part about it, the person also left his phone number and address and volunteered to be a witness for us. He even said he tried to chase after her, but she took off and ran away as quick as she could, obviously thinking she could get away. So, the last thing we need to do is file a police report. I've already made the insurance claim on it, so hopefully they go after her and make her pay for the damages. I'm very optimistic about the whole thing. The only downer is that we haven't even had the car for 3 weeks, and I'm going to have to drive around a crappy rental.













So the moral of the story is, Karma. If you ever see something like this happen to a fellow driver, please help. My gf has left notes for people on several occasions when she's been a witness to a similar type hit and run. I'll have to be sure to send the guy chocolates or something.

I'll be sure to keep everyone updated on the proceedings.
Old 10-23-2007, 06:51 PM
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I went to the police station last Friday to file a report and because the damage wasn't caused by another car, they couldn't file a report. It'd most likely be a civil matter, so my insurance will most likely sue them for damages. The police did tell me I could write a letter giving them my info and they would mail it for me to the person's address. Hopefully the person will call and we can settle this. I asked them to pay for all the damages or else I would contact an attorney, which the insurance is going to do soon. The only problem now is that because of all the fires in San Diego, we might not hear from them for a couple days, if not weeks.
Old 10-23-2007, 06:54 PM
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I would def. file a police report...if this happens again, you bet she will do the same thing! she needs to learn a lesson the hard way.
Old 10-23-2007, 06:56 PM
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That sucks... I hope you get it settled soon.

how the heck did she leave that dent just with a shopping cart? o.0
Old 10-23-2007, 06:58 PM
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I don't really know how it happened, but I'm guessing the car was parked at the bottom of a small slope, and her cart was packed to the brim.

She'd going to get sued and have to pay for it somehow. The police were good enough to help us out that much.
Old 10-23-2007, 06:59 PM
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you're very fortunate to have that person witness that shit.. your insurance will take care of everything and its bull shit that the cops wont help you. hes just being lazy. i dont see why they wouldnt be able to put that person at fault if they have a witness. you can get a police report for just about anything.
Old 10-23-2007, 07:04 PM
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ouch man... good luck with catching her!
Old 10-23-2007, 07:04 PM
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Originally Posted by hyunk24a2
you're very fortunate to have that person witness that shit.. your insurance will take care of everything and its bull shit that the cops wont help you. hes just being lazy. i dont see why they wouldnt be able to put that person at fault if they have a witness. you can get a police report for just about anything.
The reason I can't file a report is because its not a criminal matter. It doesn't qualify as a hit and run because there was no other car involved, and doesn't qualify as vandalism because there was no intent. If I wanted to get money, I'd have to have my insurance's attorney sue them in civil court, which we can because we have their info and a witness.
Old 10-23-2007, 07:06 PM
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^^thats what i am thinking...it is still a hit and run. what if that person intentionally pushed the shopping cart into ur car, you can't tell me you cannot file a police report for that
Old 10-23-2007, 07:11 PM
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It doesn't really matter if I get a police report or not. I just want to get money to fix the car and pay for a rental car if necessary. Its highly unlikely that she pushed the cart into the car intentionally, and trying to stretch my story would probably do more harm to my case than good. I have enough evidence and a witness, so I'll be able to have her pay for damages.

What pissed me off was that she didn't take responsibility and thought she could get away with it. Don't worry everyone, she will pay for it, and I don't need a police report to get that done.
Old 10-23-2007, 07:56 PM
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Originally Posted by bhamsan
The reason I can't file a report is because its not a criminal matter. It doesn't qualify as a hit and run because there was no other car involved, and doesn't qualify as vandalism because there was no intent. If I wanted to get money, I'd have to have my insurance's attorney sue them in civil court, which we can because we have their info and a witness.
What's the definition of a car? Anything that runs on 4 wheels. So if I was hit by a motorcycle, that wouldn't be considered a car so I can't file a report?
Old 10-23-2007, 08:12 PM
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OMG....that is just cruel.
Old 10-23-2007, 09:05 PM
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That sucks. Small claim court is another option. keep us posted and good luck to you.
Old 10-23-2007, 09:58 PM
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UGH! I totally feel your pain... Hopefully this story will make you feel better. My sister parked her Prelude at a Costco, and came back to find her taillight smashed and about a 3/4" dent on the back edge of her trunk lid! Apparently some moron left a shopping cart sitting around, another moron (perhaps the same moron, my sister wasn't lucky enough to have a good samaritan witness leave any notes so we'll never know) must have smashed into the cart, sending it, in turn, smashing with full force into the Prelude. Granted Costco has huge heavy duty carts, but I was amazed at the amount of damage. The cart was left right behind the car, the police did absolutely nothing about it, and she ended up taking care of the repairs herself (though I did suggest she write a letter to Costco, they are supposed to pick up the carts regularly, and this time there were more carts around than usual).

I've parked at the far ends of parking lots ever since, particularly at these bulk stores.

As for the police report - they should be able to file something - it's property damage! However, while they may not be able to pursue a traffic violation (leaving the scene of an accident... although it IS a scene of the accident and the woman did leave!), at least you do have a witness and an insurance claim going. If anything, at least I hope your insurance will collect from hers. Good luck and keep us posted!
Old 10-23-2007, 10:18 PM
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Dude that sucks.

That's very cool that a witness left you a note and their contact information and is willing to back you up on this.

I had somebody hit my car while parallel parking...no note or notice or anything. You can still see what's left of the scrape and some chips in the paint on the bumper too (most of it came out with some TLC)...it angers me.
Old 10-23-2007, 11:06 PM
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Inconsiderate commuters are everywhere, lol, its funny because at this one mall im next to, it happens all the time where people ding peoples doors so much, you see all the modded cars in the back parking lot... its like a safe haven =P
Old 10-24-2007, 12:09 AM
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Originally Posted by Dpak
Inconsiderate commuters are everywhere, lol, its funny because at this one mall im next to, it happens all the time where people ding peoples doors so much, you see all the modded cars in the back parking lot... its like a safe haven =P
Yea my gf gets mad at me when I park far away from the store...
Old 10-24-2007, 12:58 AM
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Originally Posted by visuelz
What's the definition of a car? Anything that runs on 4 wheels. So if I was hit by a motorcycle, that wouldn't be considered a car so I can't file a report?
Theres enough of a difference between a car, motorcycle, and shopping cart to differentiate claims, and a motorcycle is much closer in relation to a car than a cart is. There enough of a difference where you have to insure a car and a motorcycle for any damages you might have caused. I don't know anyone who has insured a shopping cart.

I don't think most of you understand the way our legal system works. Criminal case means I file a report and the state/city/county takes care of the damages. The lady is punished with a fine or jail time and I don't see a cent. I could care less about that. What I want to win is the civil case where I sue her and she pays damages to me. A police report isn't going to help my case in this instance. My insurance is taking care of it now, so I just have to wait. I will definitely keep everyone updated.
Old 10-24-2007, 12:59 AM
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Originally Posted by TL260power
Yea my gf gets mad at me when I park far away from the store...
I get that too, but now she understands.
Old 10-24-2007, 07:50 AM
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Does her work have video surveillance? The video evidence would be nice to have and you can actually see what happened.
Old 10-24-2007, 08:23 AM
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Dude, fist of all, if you go to a shopping center, do not park anywhere near another car, ESPECIALLY one with shopping carts! And never park downstream of a shopping car. the wind can take it right to your car. Even if I see an abandoned cart near my car, I move it. Prevention is much better then going through what you have to. The game is, limit your exposure. My 1984 Toyota pick up lasted 23 years without one door ding. Needless to say my 06 is pristine. Hope you get this taken car of to your satisfaction.
Old 10-24-2007, 09:41 AM
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You were lucky with the witness. I am sure most people would have just ignored it and walked away.

Good luck pursuing the moron who did this to your car. I hate people who try to shirk their responsibility by running away.
Old 10-24-2007, 10:29 AM
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Originally Posted by dwest1023
Dude, fist of all, if you go to a shopping center, do not park anywhere near another car, ESPECIALLY one with shopping carts! And never park downstream of a shopping car. the wind can take it right to your car. Even if I see an abandoned cart near my car, I move it. Prevention is much better then going through what you have to. The game is, limit your exposure. My 1984 Toyota pick up lasted 23 years without one door ding. Needless to say my 06 is pristine. Hope you get this taken car of to your satisfaction.
Since the town is so small, the grocery store and my gf's work share a parking lot. There are at most 30 spaces. They limit street parking to 2 hours, so the options are pretty limited.
Old 10-24-2007, 11:10 AM
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Originally Posted by bhamsan
Since the town is so small, the grocery store and my gf's work share a parking lot. There are at most 30 spaces. They limit street parking to 2 hours, so the options are pretty limited.

Wow that is tough. Knowing me, I would park blocks away and walk. I cannot stand door dings. Last month the door on my 06 Frontier got aways from me and hit a tree.
I got a very tiny ding from that. I tried to live with it, but every time I got in my truck it would bother the heck out of me. $75 bucks and the ding doctor, got it back to brand new. I hated parting with that much money for something you could hardly see. Its all behind me now and glad I can't see that ding anymore. All I can say, is just do the best you can, and don't take anything for granted.
Old 10-24-2007, 11:17 AM
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do not park near trees either. we have a few dents on one of cars roofs thanks to falling branches. there are certain stores that keep their shopping carts chained. You deposit a quarter to release the cart and when you return it you get the quarter back. did not like it at first but think it is a excellant idea.
Old 10-25-2007, 05:16 PM
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Originally Posted by dwest1023
Wow that is tough. Knowing me, I would park blocks away and walk. I cannot stand door dings. Last month the door on my 06 Frontier got aways from me and hit a tree.
I got a very tiny ding from that. I tried to live with it, but every time I got in my truck it would bother the heck out of me. $75 bucks and the ding doctor, got it back to brand new. I hated parting with that much money for something you could hardly see. Its all behind me now and glad I can't see that ding anymore. All I can say, is just do the best you can, and don't take anything for granted.
I would probably do that too. I mean, its a nice small town, with lots of nice cars like Bentleys, Ferraris, a few Lambos scatters here and there. It'd be a nice walk everyday. TSXs, BMWs and Mercedes' are looked at like they're beater cars. They have a gas station that sells 100 octane gas. You'd think people would be a little more careful. Anyway, I'm not the one driving, hence, I'm not the one walking. I just don't want it to drag out too long now.
Old 10-25-2007, 05:20 PM
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that must have been one hell of a shopping cart!
Old 10-25-2007, 08:30 PM
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Originally Posted by bhamsan
I don't know anyone who has insured a shopping cart.

I don't think most of you understand the way our legal system works. Criminal case means I file a report and the state/city/county takes care of the damages. The lady is punished with a fine or jail time and I don't see a cent. I could care less about that. What I want to win is the civil case where I sue her and she pays damages to me. A police report isn't going to help my case in this instance. My insurance is taking care of it now, so I just have to wait. I will definitely keep everyone updated.
Was parked at (the end of) a parking lot and thinking about your parking lot misfortune... The police report (if one could be filed) would help you with your insurance case, document the witness info/statement, and I don't know anything about California law, but in Massachusetts, you may be able to use it to file a civilian criminal report and get your money that way. And you can do that without hiring a lawyer here... But the insurance thing is a sure thing and faster (especially since you've started it already). Just my If you don't have it at this point and are only going through insurance, I'm sure you won't be needing one now.

And your insurance may be able to collect from the store insurance (like a slip and fall) if California law dictates that they may been partly responsible for collecting carts, but that's not your problem if you go through your insurance anyway. They'll take care of that. Plus if that's where your gf works... maybe not a great idea to p*ss off her boss!

I, personally, am vindictive enough to also want that woman's license revoked for leaving the scene of an accident though But that's just me - I hate dings and this looks like more than a ding! That's irresponsible of her... unless her Escalade was so large she didn't notice...!?

Best of luck whatever u choose bhamsan
Old 10-26-2007, 11:31 AM
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Originally Posted by WhiteDragon07
Was parked at (the end of) a parking lot and thinking about your parking lot misfortune... The police report (if one could be filed) would help you with your insurance case, document the witness info/statement, and I don't know anything about California law, but in Massachusetts, you may be able to use it to file a civilian criminal report and get your money that way. And you can do that without hiring a lawyer here... But the insurance thing is a sure thing and faster (especially since you've started it already). Just my If you don't have it at this point and are only going through insurance, I'm sure you won't be needing one now.

And your insurance may be able to collect from the store insurance (like a slip and fall) if California law dictates that they may been partly responsible for collecting carts, but that's not your problem if you go through your insurance anyway. They'll take care of that. Plus if that's where your gf works... maybe not a great idea to p*ss off her boss!

I, personally, am vindictive enough to also want that woman's license revoked for leaving the scene of an accident though But that's just me - I hate dings and this looks like more than a ding! That's irresponsible of her... unless her Escalade was so large she didn't notice...!?

Best of luck whatever u choose bhamsan
Thanks for the advice, I'll have to speak to the person handling the claim about what she thinks. I'm sure they've come across this before, so they should have a precedent, and I'm fairly confident I should be able to get what I'm asking for. I mean, its not like I went out and damaged the car more to collect more money, or faked some sort of injury. I wanted the lady thrown in jail for what she did, but that was a week ago. Now, I'll just be happy getting it fixed without having to pay for anything.

I don't need to worry about the boss. My gf doesn't work for the grocery store, she works across the parking lot for Morgan Stanley.

Also, I've never asked, but in the event that the lady is paying for all damages, would I be able to have Acura repair all the damages? I'd rather have Acura OEM paint rather than a body shop. I mean, I just need to order a fender and front bumper painted ASM and have them slap them on. I don't think it should be too hard? If only I could get an Aspec lip kit out of it too, but I have to resist being greedy...
Old 10-26-2007, 11:56 AM
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Originally Posted by bhamsan
...
Also, I've never asked, but in the event that the lady is paying for all damages, would I be able to have Acura repair all the damages? I'd rather have Acura OEM paint rather than a body shop. I mean, I just need to order a fender and front bumper painted ASM and have them slap them on. I don't think it should be too hard? If only I could get an Aspec lip kit out of it too, but I have to resist being greedy...
You will probably be asked to get 3 estimates. Just go to 3 different Acura dealerships and get them. You are entitled to have the car repaired by an Acura Body Shop.
Old 11-06-2007, 01:22 PM
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So its been a few weeks and I've come to the conclusion that there not much we can do. The insurance may pursue them for damages, but according to the attorneys and paralegals at the law firm I work for, its probably not worth it to pursue if the person does not admit fault. A case like this could cost us way more than its worth to fix, and the body shop quoted the repair between $500-$600.

Its really upsetting that people do these things and then try to run. I just hope she gets bit in the ass sometime down the road, either by being caught doing something similar, or by having her own car damaged by an irresponsible driver.
Old 11-06-2007, 01:27 PM
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^^soooo u can't get the lady to pay for it even though there was a witness?
Old 11-06-2007, 07:17 PM
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Find her address and if there's a car parked outside steal a cart and ram it into the car one night.
Old 11-06-2007, 10:41 PM
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Originally Posted by bhamsan
So its been a few weeks and I've come to the conclusion that there not much we can do. The insurance may pursue them for damages, but according to the attorneys and paralegals at the law firm I work for, its probably not worth it to pursue if the person does not admit fault. A case like this could cost us way more than its worth to fix, and the body shop quoted the repair between $500-$600.

Its really upsetting that people do these things and then try to run. I just hope she gets bit in the ass sometime down the road, either by being caught doing something similar, or by having her own car damaged by an irresponsible driver.
I'm presuming that the attorneys and paralegals where you work are giving your "sea lawyer" suppositions. Let the insurance company handle it. It's what you're paying for!

Don't give up ... keep calling and demanding that they follow through or you'll insure your car elsewhere. Probably not necessary -- they want to recoup losses, too. (Can't remember if you had comprehensive and coverage for things like this. I did on my Jeep, covered vandalism a couple of times.)
Old 11-07-2007, 11:53 AM
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Originally Posted by davidspalding
I'm presuming that the attorneys and paralegals where you work are giving your "sea lawyer" suppositions. Let the insurance company handle it. It's what you're paying for!

Don't give up ... keep calling and demanding that they follow through or you'll insure your car elsewhere. Probably not necessary -- they want to recoup losses, too. (Can't remember if you had comprehensive and coverage for things like this. I did on my Jeep, covered vandalism a couple of times.)
I'm hoping thats what the insurance will do, but when you weigh the costs of litigation vs. just paying outright, the cost for damages will of course be less. My only hope is if she admits fault and pays outright, but by the way it looks, its not happening. We've tried to contact them through the police but to no avail. I could take her to court myself and am considering it, seeing that I do work at a law firm an all.
Old 11-07-2007, 11:54 AM
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Originally Posted by CGTSX07
^^soooo u can't get the lady to pay for it even though there was a witness?
I can get her to pay for it, but its going to be both costly and timely, and just paying the $500 deductible myself is going to be the easiest. My only hope is if the insurance goes after her on my behalf, but I doubt it since the damages were minor and the cost of litigation is tremendous.
Old 11-07-2007, 12:02 PM
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Wait, are you already ruling out small claims court for your $500 out of pocket expense? If the insurance company doesn't go after the culprit, that is.

If the witness would be willing to show up to give testimony, you could get a judgement for the small expense that SC Court costs. If you work in a law office, you could surely get coaching on what and what not to say/do presenting your case.
Old 11-07-2007, 12:06 PM
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Originally Posted by davidspalding
Wait, are you already ruling out small claims court for your $500 out of pocket expense? If the insurance company doesn't go after the culprit, that is.

If the witness would be willing to show up to give testimony, you could get a judgement for the small expense that SC Court costs. If you work in a law office, you could surely get coaching on what and what not to say/do presenting your case.
I'm going to have to explore that option in further depth and weigh the costs. I haven't spoken with the insurance in a while since the fires here in San Diego, so I need to see what their plans are as far as my claim goes.
Old 11-07-2007, 04:18 PM
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davidspalding's Avatar
 
Join Date: Aug 2007
Location: Somewhere between 70 and 125 mph
Posts: 2,945
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Costs? Small claims is practically free. Don't think ABSENCE OF MALICE with Paul Newman, think PEOPLE'S COURT with Joseph Wapner.
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