What to do if I had a shopping cart hit the side of my car door which resulted in $853 of damage?

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What to do if I had a shopping cart hit the side of my car door which resulted in $853 of damage?

The store’s insurance company says they are not responsible for the damage. They have no signs posted that they are not responsible for damage. I have pictures of the damage and 3 estimates to get the door fixed. Could I take them to small claims court and have a chance of winning?

Asked on November 16, 2012 under Accident Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you contact your presumed auto insurer for your car as to the damages that the vehicle sustained and make a claim for repairs. Most likely you will have to pay a deductible for the repairs assuming there is insurance in place.

As to liability for the damages to your vehicle it seems that you have to prove that a specific person caused the damage to your car by being negligent in leaving the shopping cart where it was which presumably would be a customer. Small claims court seems to be your option. The chances of success from what you have written does not seem very likely.


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