While shopping at Wal-Mart I come out of the store to notice that my vehicle had been hit by about 5 cart that were stuck together with such force that it caused a large dent and the paint for chip off. I filed a claim but the claims department says they are not liable. They claim the that by watching the video it proves the parking lot was being maintained, their best guess would be that someone pushed a cart in the cart return causing the other carts to come back out and rolling down the slope hitting my vehicle.

Would they still be liable for having a faulty cart return, (carts shouldn't come back out by someone pushing a cart into them, should it.) and by having a cart return positioned on a down hill slope??

Thanks for the advice
Chrissy

No, they are not liable, but if you want to go up against Walmart to prove they are, then you had better have a lot of money, more then what your car will cost to repair.. Your car will have to be covered by your comprehensive deductible, what you have, $250. $500. If you want it to be fixed.

This happens every day in large parking lots, maybe ot from shopping carts, but from someone backing out and hitting a car and not leaving a note, etc.

Tick

Do you have comprehensive coverage on your car? If so, this is where this damage falls.

For Wal-Mart to be liable for your damage, you would have to prove negligence on their part which honestly doesn't sound like the case. They had a place to corral the shopping carts and through no fault of their own, the carts were pushed into your car. They are not responsible. However, if the cart corral is positioned with the open end on a downward slope then you may have a case but you would have to be able to prove that under normal circumstances the carts don't stay in the designated area (which I find hard to believe).

Usually with comprehensive coverage you can have zero deductible which would pay for your car's damages totally. It might cost $20 more a year for the no deductible comprehensive coverage for your vehicle.

I have full coverage insurance, if I file a claim with my insurance company will my rates go up? Yes, the corral opening is on a downward slope, but every I mentioned that they changed the subject to how the parking area was maintained.

Thank you,
Chrissy

but every I mentioned that they changed the subject to how the parking area was maintained.


Not sure what you're saying here...

Your rates aren't affected by Comprehensive claims because they are incidents that occur when you are not driving. Unless you have a long history of claims with your insurance company, then you should see no adverse action.

Are you sure you have full comprehensive. It's pretty expensive. It is a lot more than $20/yr for no deductible. The difference on my car between $250 and $500 deductible is way more than that for 6 months.

WalMart won't pay for your car's damage. Your insurance company will with full coverage insurance. NM pointed out that they will pay unless you've constantly have been submitting claims on this car. In all cases comprehensive coverage covers everything from fire, theft, trees falling on your car, running into deer (but won't cover you if you avoid them and get into an accident due to the deer), water damage, hail damage, tornado damage, etc. So what makes you think they're not going to cover your car due to a parking lot shopping car incident where you were not the one who did the damage to your car? This would fall under the vandalism category of comprehensive.

I've had my windshield replaced in my car 3 times due to rocks on the roadway flying up and cracking the glass. My rates never went up as it was not me who did the damage - it was the unforseen rock who decided to crack my windshield.

Are you sure you have full comprehensive. It's pretty expensive. It is a lot more than $20/yr for no deductible. The difference on my car between $250 and $500 deductible is way more than that for 6 months.

I don't have full coverage as in accident collission coverage. I have full comprehensive and very high liability insurance. Why have full coverage on a 1994 vehicle? I pay $74 for 6 months of non deductible comprehensive. Had I chosen a deductible of $100 or $200 the premium would have been $20 cheaper per 6 months.

Sorry Nikosmom, I was referring to Wal-Marts claims department and the fact that the corral was on a down hill slope and when I tried to explain that to Wal-marts claims personal they would change the subject to how free of shopping carts the parking lot was.

If you believe you are correct, go to Small Claims Court. I think (I'm a liability investigator) that you are going to lose but if you have the time, sue them.