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My car was hit by a shopping cart. i have an eyewitness who saw what happened.

Reno, NV |

i parked my car at a target parking lot went to work took lunch came back from lunch went to work (i dont work for target i work across the street and I DO park very very far away from the carts and from other vehicles) i get off see dents all over my car door (i havent even paid my first car payment) so the next day at work a lady who picks her husband up everyday said she saw a gust of wind take the cart and it slammed right into my car she is the eyewitness. now since it was a windy day isnt target liable? i mean you would think they would be more strict on collecting carts on a windy day. i did contact my insurance agent i was wold to talk to my work and target i filed a claim with target theyre just ignoring the issue. am i really left to pay this out of pocket? 1600$ to fix my door

Attorney Answers 4


  1. If you don't have it already you should obtain a written statement from the witness. If you still don't have any success pursuing Target's insurance carroer, you should go through your own insurance company and then they would pursue Target directly. The liability of Target is likely more complicated legally because you would need to show that, based on their own policies, they failed to timely collect the cart. Some insurance comes would even claim that it was an "act of God" because the wind blew the cart into your vehicle. That is also a high amount of damage to your door from a cart, and they will need to see the appraisal. You could also file a claim against Target through small claims court, including your witness statement, the appraisal, and a photo of the damage to your vehicle.

    Merry Fountain is licensed to practice law in Indiana. She can be contacted at 1-888-242-HURT. This is not legal advice and it does not create an attorney/client relationship. It is legal education intended to provide general information about the matter within the question. If the question does not include important timeframes and facts the answer could change. Merry Fountain strongly advises the questioner to confer with an attorney in your state.


  2. Your insurance company should take care of it if Target doesn't. I don't suspect they will, I not sure under this scenario that they did anything wrong.

    This is general advice and does not establish an attorney-client relationship.


  3. Why are you parking in Target's lot and then going to work across the street? I think you are going to have difficulty in collecting from Target. Best of luck.

    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.

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