Costco employee pushed ten shopping carts and hit rear of my car. Costco didn't claim it was their fault, what should i do?

i was making left turn, costo employee pushing the shopping carts approaching the intersection and hit the rear door of my van. it costs $4000+ to replace the door. Costco legal agent said it's not their fault, the employee didn't move, it was me hit the shopping carts. i argued if i hit the carts the dent should be at front side not rear side. they didn't agree. they also asked another costco employee who was not at the scene be the wittness said i hit the carts. i already filed claim to the insurance, don't know what else i can do to protect myself. thanks.

San Jose, CA -

Attorney Answers (4)

Steven Alan Fink

Steven Alan Fink

Real Estate Attorney - Newport Beach, CA
Answered

If you filed claim with insurance there is nothing else for you to do.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

Steven Ronald Kuhn

Steven Ronald Kuhn

Personal Injury Lawyer - San Juan Capistrano, CA
Answered

You can take Costco to Small Claims Court for damages up to $7,500. If they won't pay, take them to court.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

Robert Bruce Kopelson

Robert Bruce Kopelson

Personal Injury Lawyer - San Jose, CA
Answered

You can sue in small claims court. If you had rental car bills or loss of use of the vehicle when it was in shop to be repaired, you can seek that money back too. You have the burden of proof. That means you have to show it was the employee's negligence which caused your damage. If they have witnesses that are willing to lie, that can be a problem.

If you have witnesses to the incident, you will need them. if your car repair person is willing to testify or at least prepare a written statement for you that explians why the damage you had is consistent with the way you say the incident occurred, and not consistent with their version, that would help.

If you have collision coverage that will or has paid most of your damages, you may not want to waste your time in court. The court may not rule in your favor, or may decide it was partly your fault and partly the employee. If you collect, you will have to possibly reimburse your auto company for what it paid. You should talk with your company if you intend to go to small claims. Your company may itself try to get reimbursed by Costco. If it does, it should give you your deductible back.

Joseph A Blaszkow

Joseph A Blaszkow

Car / Auto Accident Lawyer - Alexandria, VA
Answered

I suspect that you would win this case if you went to court, but Costco's employee apparently has a different story than you, and they are not likely to give in voluntarily. And so, if is YOUR insurance that you filed a claim with, I would suggest to you that is probably the way for you to go. It is likely to be the quickest, cheapest, and least stressful way to resolve your case. I know that means eating your deductible; a bitter pill to swallow.

The author of this post is licensed to practice law in the District of Columbia, Maryland, and Virginia. This post is intended as general information only, and is not provided as legal advice in connection with any specific case, and does not create an attorney-client relationship.

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