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.
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.
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.
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.
I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
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.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
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.
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
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.
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.
A roundup of the best tips and legal advice.