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Hello I would like to know whether or not I have a case

Palo Alto, CA |

. I went to Waldemar on a day where it was lightly snowing . As I was leaving th parking lot . I saw the worker returning carts . He'd stopped awaiting for me to pass , as I continued to pass the carts hit my car . When I stopped . . the worker asked if I was OK and I asked if he saw me and he said no . Waldemar has since stated that they are not going to pay for the repairs to my car . The claims person stated that I was speeding which I know I wasn't and on top of that my car needs a transmission and therefore can not even get up to speed in that quick amount of time . I am very upset . . there is a hole in my door due to the negligence of their employee /

Attorney Answers 9


  1. Based on the details of what the worker said to you after the accident and the circumstances, you probably do have a claim. It is hard to get an attorneys assistance when you have such a small claim with no medical bills, but you can pursue the claim yourself. The fact that 'he hit you' is usually a general basis for fault, particularly if you didn't speed or stop suddenly. You should talk to your own insurance company and ask for their help.

    Good Luck!

    This answer does not constitute a legal consultation, or definitive answer, nor does it establish a lawyer client relationship. Each case, controversy, or situation is factually different and requires particularized evaluation.


  2. You probably do have a case but there is not much in the way of damages so you might have a hard time finding a lawyer. You always have the option of dealing with their insurance carrier directly and trying to settle it. Keep fighting with the adjuster to get the repairs done.


  3. If you have insurance coverage on your vehicle, your insurance company can pay for your damages and then seek their money back from the store. Good luck.

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  4. In that no one was injured, I would suggest the possibility of going to Small Claims court for your claim. Also, you might want to simply contact your insurance company (assuming you had insurance coverage at the time of the accident) and get them to fix your car. Most people do have a deductible that could make this approach unacceptable however, when you only have minor damages. Good luck in choosing the proper process.

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  5. You shall report this incident to your insurance company first. If you are not injured, then, you can file a property damage claim in small claim court if your car is not a really expensive car.


  6. Report to your insurance company or go to small claims court.

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  7. It sounds like you have a case. You need to file an action in Small Claims Court. Make sure and take good pictures of the damage to your vehicle and get one, if not several, estimates for the cost to repair your vehicle from experienced auto body shops.

    I hope this is helpful.

    John N. Kitta
    Fremont

    This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.


  8. Small claims court- you can sue for up to 10k for property damage. That is the cost of repair, and rental car while car in shop to be repaired.


  9. If you are saying that an employee of Walmart lost control of the carts, file a claim with Walmart and try to resolve with their claims department. If they fail to work with you, file in small claims court. You can also ask your insurance company to repair the damage, but, there is likely a deductible.