[taibanl]

Last week I was hit by a shopping cart at a grocery store. So far I'm looking at 12-1500 of damages as there is damage to both of the doors on the driver side. I am wondering if this is going to cause diminished value.

As seen in this post:
http://www.e90post.com/forums/showthread.php?t=537184
I was hit by a shopping cart.

Will I have diminished value? How Should I claim it?

[taibanl]

Also, does anyone know if its preferable to work through my insurance or the store's for a comprehensive claim

[AWM3]

Originally Posted by taibanl

Last week I was hit by a shopping cart at a grocery store. So far I'm looking at 12-1500 of damages as there is damage to both of the doors on the driver side. I am wondering if this is going to cause diminished value.

As seen in this post:
http://www.e90post.com/forums/showthread.php?t=537184
I was hit by a shopping cart.

Will I have diminished value? How Should I claim it?

Diminished value is 10% of the cost of the repair, so in your case $150. However your insurance won't pay for diminished value unless NY insurance regulations specifically require that they do. You probably won't have any luck with the store either because they all post signs somewhere that they're not responsible for damages in the parking lot. So the good news is your diminished value isn't that much; the bad news is you won't be compensated for it.

[ceb]

Originally Posted by car62

Diminished value is 10% of the cost of the repair, so in your case $150. However your insurance won't pay for diminished value unless NY insurance regulations specifically require that they do. You probably won't have any luck with the store either because they all post signs somewhere that they're not responsible for damages in the parking lot. So the good news is your diminished value isn't that much; the bad news is you won't be compensated for it.

There is no set value for dimVal. Hail damage that breaks all the windows may result in a higher repair cost than an accident, but would result in a lower diminished value. That said, many (most?) states don't do DimVal.

In addition, while most grocery stores have those "we're not responsible for anything" signs, in reality they are responsible for things they can control. For example, on windy days they have an obligation to collect carts more often and so forth.

While one errant cart left loose by a customer may not be their problem, they may be responsible if they could have been reasonably expected to mitigate the danger - sign or not.

[cssnms]

Originally Posted by ceb

In addition, while most grocery stores have those "we're not responsible for anything" signs, in reality they are responsible for things they can control. For example, on windy days they have an obligation to collect carts more often and so forth.

While one errant cart left loose by a customer may not be their problem, they may be responsible if they could have been reasonably expected to mitigate the danger - sign or not.

Yea good luck winning that case!

Whether the store has responsibility for all of the carts in their parking lot, including those misplaced by customers is debatable. With no witnesses, try proving that the store was somehow negligent in this case. I am willing to bet the OP gets NOTHING from the store and that his insurance company will not step near a courtroom because the odds are stacked against him.

Sorry for your misfortune OP, I know I would be pissed and looking for someone else to pay. I never park down hill in a grocery store parking lot and if I can help it I park as far away from the cart corrals as I can.

[nferber]

What is with all of these people wanting everything for free...

The store will laugh at you if you try and go against their insurance. There is no way to prove that it was their fault. It was either the wind blowing the cart, or another customer that had a dislike for you in some odd way. The only way the store would pay you is if it was a store employee collecting carts that pushed the cart into your car.

And diminishing value? It's a dent, it's not like you have frame damage or anything else similar that would decrease the value of a car. People get door dings and shit all the time.

Just sack up and fix your door, stop looking for handouts.

[taibanl]

Originally Posted by nferber

What is with all of these people wanting everything for free...

The store will laugh at you if you try and go against their insurance. There is no way to prove that it was their fault. It was either the wind blowing the cart, or another customer that had a dislike for you in some odd way. The only way the store would pay you is if it was a store employee collecting carts that pushed the cart into your car.

And diminishing value? It's a dent, it's not like you have frame damage or anything else similar that would decrease the value of a car. People get door dings and shit all the time.

Just sack up and fix your door, stop looking for handouts.

Wasn't looking for handouts, that's why it was a ? Curious to know if people would value it less, if so. How to claim it.
If not. Nbd