Shopping Cart+45mph winds=

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Old Apr 20, 2009 | 05:17 PM
  #1  
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Shopping Cart+45mph winds=

A four foot scratch covering both passenger doors! The rear door is to the metal. I'm going to get two estimats tomorrow. I'm hoping the front door can be buffed out.

I'm afraid the $1000 i have saved up for mods is going to go for repairing the large scratch!

Any guesses what this might cost me, just by the brief discription? No pics due to rain.
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Old Apr 20, 2009 | 05:26 PM
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i soon as a read the title...i said ouch
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Old Apr 20, 2009 | 05:46 PM
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Originally Posted by Blazing GT
i soon as a read the title...i said ouch
ditto!

And without pics we can't tell.
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Old Apr 20, 2009 | 06:39 PM
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That sucks. Hard to say what repairs will cost. You will need a few estimates.

I've had more than one conversation with other obsessive compulsive parking types like me. Two very important overlooked items when parking are the lot's grade and the wind direction. If you ignore them they will get you every time even if you park far away of everyone.
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Old Apr 20, 2009 | 07:32 PM
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Do you have insurance? Contact them first. Also talk to the grocery store in which the Shopping Cart was at. If I'm not mistaken, my cousin told me its the responsibility of the property owner, or at least can get some compensation for there carts being all over!
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Old Apr 20, 2009 | 07:54 PM
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I always try and park my TL as far away from cart stalls as possible, I need the exercise to the entrance anyways
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Old Apr 20, 2009 | 08:00 PM
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Originally Posted by TheChamp531
Do you have insurance? Contact them first. Also talk to the grocery store in which the Shopping Cart was at. If I'm not mistaken, my cousin told me its the responsibility of the property owner, or at least can get some compensation for there carts being all over!
Yes I have insurance thru Allstate with a $500 deductable. I thought about using my insurance depending on what the actual repair will cost me. However I'm afraid, it will go up if I go through my insurance.
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Old Apr 20, 2009 | 08:21 PM
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Get the grocery store to pay, they are responsible, regardless if they have signs waivering liability, as they can't waivre liability.

It would be like hanging a sign around your kids neck saying "not responsible for own actions, parents not responsible for actions of this child", and letting them run rampant in said store, allowing them to destroy anything in their path. Doesn't work that way.

Shopping carts are property of store, and store is responsible for its property. Those signs, similar to the signs at valet park places, do not waivre legal liability and predominantly just take advantage of the uninformed.
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Old Apr 20, 2009 | 08:25 PM
  #9  
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Originally Posted by avs007
Get the grocery store to pay, they are responsible, regardless if they have signs waivering liability, as they can't waivre liability.

It would be like hanging a sign around your kids neck saying "not responsible for own actions, parents not responsible for actions of this child", and letting them run rampant in said store, allowing them to destroy anything in their path. Doesn't work that way.

Shopping carts are property of store, and store is responsible for its property. Those signs, similar to the signs at valet park places, do not waivre legal liability and predominantly just take advantage of the uninformed.
I'm the manager of said Groc store, my company will not pay for employee auto damage done by carts.
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Old Apr 20, 2009 | 08:59 PM
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that's some bad luck...

a year ago i had about the same luck as you, except my scenario dealt with high-speed winds and a dumpster crashing into my front passenger quarter-panel...right before where the front of the passenger front door begins causing $1700+ worth of damage...i had the condo i lived at (at the time) pay for it since they didn't secure their dumpsters down...
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Old Apr 20, 2009 | 09:07 PM
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Originally Posted by Goldenboy_Don
I'm the manager of said Groc store, my company will not pay for employee auto damage done by carts.
You can easily file a civil suit against your groc. store. Only way you're not liable is if you have a sign that you're not liable for it.
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Old Apr 20, 2009 | 09:29 PM
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Originally Posted by TheChamp531
You can easily file a civil suit against your groc. store. Only way you're not liable is if you have a sign that you're not liable for it.
Not quite.... Usually you'll have to go to small claims court if the store tries to deny any liability. I know a few people that successfully went that route...

Many businesses erroneously think they can waive liability for accidents just by posting a sign. They can’t.

Damage from shopping carts is an area of premises liability law. The specifics vary from state to state. However, the laws generally require businesses and property owners to use a minimum standard of care in the maintenance of their property.
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Old Apr 20, 2009 | 11:48 PM
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Originally Posted by avs007
Not quite.... Usually you'll have to go to small claims court if the store tries to deny any liability. I know a few people that successfully went that route...
I meant small claims court.
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Old Apr 21, 2009 | 12:06 AM
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Originally Posted by Goldenboy_Don
Yes I have insurance thru Allstate with a $500 deductable. I thought about using my insurance depending on what the actual repair will cost me. However I'm afraid, it will go up if I go through my insurance.
ur insurance shouldnt go up because the car was parked, but check wit them if u do call to see if they'll foot the bill-the deductible

Originally Posted by Blazing GT
i soon as a read the title...i said ouch
+1

Originally Posted by Goldenboy_Don
I'm the manager of said Groc store, my company will not pay for employee auto damage done by carts.
double ouch
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Old Apr 21, 2009 | 12:08 AM
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i dont think he'll be able to sue his employer unless he quits.... conflict of intrest... but thats from hearing a couple of my friends experiences when it came to suing they're employer
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Old Apr 21, 2009 | 01:50 AM
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Originally Posted by Goldenboy_Don
I'm the manager of said Groc store, my company will not pay for employee auto damage done by carts.
lol, I must have mis-read this thread, I didn't realize you were the original poster...

Is it a company policy about damage done by cart, written into your employee agreement/contract/etc, or was it just one of those statements made by higher ups when you investigated? I'm still thinking that it falls under premises liability laws.

One would think it would just be an insurance claim, such that the store wouldn't directly pay, similar to if one of your ceiling lights fell on a customer. Would company policy not take responsibility if one of the ceiling lights fell on an employee? How is a shopping cart different? They are both property of the company. What if the cart hit a kid walking in the parking lot instead of your car?
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Old Apr 21, 2009 | 07:26 AM
  #17  
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Originally Posted by pbcmedia
i dont think he'll be able to sue his employer unless he quits.... conflict of intrest... but thats from hearing a couple of my friends experiences when it came to suing they're employer
Bingo, doing so, I would always be worried about keeping my job in the future after sueing. ;(

Originally Posted by avs007
lol, I must have mis-read this thread, I didn't realize you were the original poster...

Is it a company policy about damage done by cart, written into your employee agreement/contract/etc, or was it just one of those statements made by higher ups when you investigated? I'm still thinking that it falls under premises liability laws.

One would think it would just be an insurance claim, such that the store wouldn't directly pay, similar to if one of your ceiling lights fell on a customer. Would company policy not take responsibility if one of the ceiling lights fell on an employee? How is a shopping cart different? They are both property of the company. What if the cart hit a kid walking in the parking lot instead of your car?
Over the years I've had numerous claims sent in by my employees with cart damage and they would not pay up.
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Old Apr 21, 2009 | 08:08 AM
  #18  
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braddahs... this is property damage.. insurance should take care of this for free.. call your insurance and tell them you came back to your car with that huge ass scratch.. tell them you don't know how it happened but believe it was a car or cart..

Typically property damage coverage does not require a deductible. I have AIG and a car smashed in the rear quarter panel of a '08 WDP TL loaner I had parked on the street.. It was at least $1.5k - $2k in damage.. I talked to the adjuster and never got a bill. I still felt horrible.. poor karuma.

btw.. GBD.. that is a disturbing avatar.. I can hear socialist music in the background.
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Old Apr 21, 2009 | 08:19 AM
  #19  
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Originally Posted by Majofo
braddahs... this is property damage.. insurance should take care of this for free.. call your insurance and tell them you came back to your car with that huge ass scratch.. tell them you don't know how it happened but believe it was a car or cart..

Typically property damage coverage does not require a deductible. I have AIG and a car smashed in the rear quarter panel of a '08 WDP TL loaner I had parked on the street.. It was at least $1.5k - $2k in damage.. I talked to the adjuster and never got a bill. I still felt horrible.. poor karuma.

btw.. GBD.. that is a disturbing avatar.. I can hear socialist music in the background.
I have a $500 deductable, which may or may not be the best way for me to go. I'll find out in a few hours what it will cost to fix. If they say $600 then it wouldn't really be worth it for me when I have a $500 deductable and my insurance then goes up. I'd gladly pay another $100 out of pocket for my insurance to not go up.
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Old Apr 21, 2009 | 08:21 AM
  #20  
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Originally Posted by Goldenboy_Don
I have a $500 deductable, which may or may not be the best way for me to go. I'll find out in a few hours what it will cost to fix. If they say $600 then it wouldn't really be worth it for me when I have a $500 deductable and my insurance then goes up. I'd gladly pay another $100 out of pocket for my insurance to not go up.
you missed my point.. check your property damage clause. I have $500 deductible as well but under my property damage clause I don't pay a penny and my rate never goes up (because it's not your fault).
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Old Apr 21, 2009 | 08:44 AM
  #21  
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Originally Posted by Majofo
you missed my point.. check your property damage clause. I have $500 deductible as well but under my property damage clause I don't pay a penny and my rate never goes up (because it's not your fault).
I see what you're saying, but I don't understand how they allowed you to use your home owner insurance on auto repair? Did you tell them it happend on your property?
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Old Apr 21, 2009 | 08:47 AM
  #22  
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Originally Posted by Goldenboy_Don
I see what you're saying, but I don't understand how they allowed you to use your home owner insurance on auto repair? Did you tell them it happend on your property?
no.. your auto insurance.. it should have a property damage clause as well. I was parked downtown when I got tagged. I filed a police report & called insurance. The adjuster called the following day.
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Old Apr 21, 2009 | 09:03 AM
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Your property damage coverage pays for property damage that you cause with your vehicle.

Majofo - the property damage coverage for the driver that hit you would have paid for your damages. Or if it was a hit and run, it could have been UMPD (Uninsured Motorists Property Damage), although this coverage typically has a deductible.

In this case it sounds like it would be Comprehensive coverage (Other than Collision) and the deductible would apply.
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Old Apr 21, 2009 | 09:06 AM
  #24  
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Originally Posted by westas2
Your property damage coverage pays for property damage that you cause with your vehicle.

Majofo - the property damage coverage for the driver that hit you would have paid for your damages. Or if it was a hit and run, it could have been UMPD (Uninsured Motorists Property Damage), although this coverage typically has a deductible.

In this case it sounds like it would be Comprehensive coverage (Other than Collision) and the deductible would apply.
What would you suggest I do? I've never had to use my insurance for any type of repairs.
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Old Apr 21, 2009 | 09:25 AM
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yeah mine was a hit-n-run.. I'd call your insurance. Say you were parked at work and when you came back to your car you noticed the damage (don't blame it on a cart). Just ask if you have to pay a deductible on repair..
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Old Apr 21, 2009 | 09:32 AM
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oopss.. tried editing but time expired.. here's a formal definition.. I'd check your limits and read your policy. What insurer do you have? What state?

UNINSURED PROPERTY DAMAGE (UMPD):

Covers your auto when property damage is sustained by an insured and the negligent operator does not possess insurance.
How much protection does this coverage provide?

If you don’t have Collision coverage, Uninsured Motorist Property Damage coverage pays up to a certain amount for repairs to the insured car (some states have limits at $3500, some are lower and some are higher). If you have Collision coverage, Uninsured Motorist Property Damage coverage only pays your Collision deductible (in some states).


http://www.carinsurance.com/CoverageDefinitions.aspx
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Old Apr 21, 2009 | 10:04 AM
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Talk to your insurer and go from there. These types of accidents don't typically impact your insurance premium (although in some states with some carriers it does).

If it costs $1,000 to fix and the deductible is $500, just ask them point blank - If I elect coverage for this claim will it impact my rates?
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Old Apr 21, 2009 | 11:46 AM
  #28  
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Originally Posted by Goldenboy_Don
I see what you're saying, but I don't understand how they allowed you to use your home owner insurance on auto repair? Did you tell them it happend on your property?
Depending where you are located, your auto insurance will cover it under property damage per Majofo's posts or under the "comprehensive" risk coverage (as here in CA)-- your rates will not go up with such a claim because you did not do anything to increase the risk of damage to the car.
Can't hurt to call your insurer; the deductible under the comprehensive coverage may also be smaller than that under the collision coverage (used when the insured is at fault).
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Old Apr 21, 2009 | 01:05 PM
  #29  
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$585 to repair the damage and should take 2-3 days. Shop manager says the scratch appears to have been keyed and not struck by a cart because the line is inconsistant.

Insurance is staying out of this one.

Thanks for all your input.
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Old Apr 21, 2009 | 01:07 PM
  #30  
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Originally Posted by Goldenboy_Don
$585 to repair the damage and should take 2-3 days. Shop manager says the scratch appears to have been keyed and not struck by a cart because the line is inconsistant.

Insurance is staying out of this one.

Thanks for all your input.
Who did you piss off.. did you recently fire a bag boy for coming in stoned?? Too bad the insurance declined coverage. What did they say?
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Old Apr 21, 2009 | 01:12 PM
  #31  
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Originally Posted by Majofo
Who did you piss off.. did you recently fire a bag boy for coming in stoned?? Too bad the insurance declined coverage. What did they say?
Nah, I don't have beef with anyone. I've been thinking the whole time who could have done it. I'm sure it's no one I know, just some punk kids walking through the parking lot. It's funny how it happend during the Nor'easter last week.

They didn't decline, I declined going through them.
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Old Apr 21, 2009 | 01:19 PM
  #32  
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that's not a bad price. My car popped out of 1st gear last night and slowly hit my other car. There are 2 deep scratches on the lower door and fender is a little dented. They quoted me 1500$.
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Old Apr 21, 2009 | 02:39 PM
  #33  
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Originally Posted by Goldenboy_Don
$585 to repair the damage and should take 2-3 days. Shop manager says the scratch appears to have been keyed and not struck by a cart because the line is inconsistant.

Insurance is staying out of this one.

Thanks for all your input.
I think that's BS they are staying out of it and telling you the line is inconsistent, which makes no sense. I think its time to dump your insurance company.
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Old Apr 21, 2009 | 02:42 PM
  #34  
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Originally Posted by myron
that's not a bad price. My car popped out of 1st gear last night and slowly hit my other car. There are 2 deep scratches on the lower door and fender is a little dented. They quoted me 1500$.
......Parking Brake FTW!!!!
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Old Apr 21, 2009 | 02:49 PM
  #35  
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Reminds of the time my Dad's snowmobile trailer was blown into the back of my TL by high winds, thought it wasn't down to the metal fortunately.
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Old Apr 21, 2009 | 02:50 PM
  #36  
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Comprehensive covers situations like this and does NOT raise your premium. Why pay out of pocket when it's not necessary? That's why you have insurance.
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Old Apr 21, 2009 | 05:13 PM
  #37  
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Originally Posted by HONgDA
I think that's BS they are staying out of it and telling you the line is inconsistent, which makes no sense. I think its time to dump your insurance company.
No you misunderstand what I said. The auto body shop who gave me the quote said the line is inconsistent to have been a shopping cart.

I want the insurance to stay out of it because my deductable as I've said above is $500.
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Old Apr 21, 2009 | 05:16 PM
  #38  
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Originally Posted by luckyAKAhappy
Comprehensive covers situations like this and does NOT raise your premium. Why pay out of pocket when it's not necessary? That's why you have insurance.
Pay attention! My deductable is $500 and the quote I was given is $585. I'm paying reguardless!!!
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Old Apr 21, 2009 | 06:27 PM
  #39  
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Originally Posted by Goldenboy_Don
Pay attention! My deductable is $500 and the quote I was given is $585. I'm paying reguardless!!!
Well even if you had to pay $500.. you'd still save $85.. plus.. it sounds like you didn't even run it past your insurance. I'm cheap.. You my friend need to learn the ancient Chinese art of being Chang.. and some policies the deductible is per term not per occurrence.. so you could be SOL if something else is to occur..
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Old Apr 21, 2009 | 06:37 PM
  #40  
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Originally Posted by Majofo
Well even if you had to pay $500.. you'd still save $85.. plus.. it sounds like you didn't even run it past your insurance. I'm cheap.. You my friend need to learn the ancient Chinese art of being Chang.. and some policies the deductible is per term not per occurrence.. so you could be SOL if something else is to occur..
The way I see it is, I'm paying $85 to have it done where I want and when I want. Actually got a deal due to the fact my cousin works for the body shop. My insurance choices where. I'm on vac next week and If I'd go through my insurance It wouldn't be getting done for atleast 2-3 weeks.

And yes you are correct as far as the occurrnces go. This is another reason I opted not to go through my insurance!
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