Finding a dent, scratch, or cracked bumper after a shopping cart rolls into your parked vehicle can be incredibly frustrating. If this happened to you, you are probably wondering whether you have grounds for legal action.
Yes, you can often sue if a shopping cart hits your car in a parking lot. However, your odds of winning will depend on whether you can prove that someone else’s negligence caused the accident.
Cases involving shopping cart damage have a high burden of proof. If you intend to pursue a claim, a Fort Lauderdale personal injury lawyer can help gather supporting evidence and fight for fair compensation.
Can I Sue If a Shopping Cart Hits My Car in a Parking Lot?
Yes, you may be able to sue if a shopping cart hits your car in a parking lot, but the viability of your claim will depend on what caused the accident.
The grocery store or retailer is not automatically liable for vehicle damage caused by a shopping cart. To recover compensation, you must prove that another party acted negligently and that their actions caused your damages.
Who Is Liable for Shopping Cart Damage?
The answer as to who is at fault for shopping cart damage depends on why the cart struck your vehicle. Potentially responsible parties include:
- Another customer: A shopper who carelessly leaves a cart unsecured or pushes it into traffic may be responsible for the resulting damage.
- The store owner: A business may be liable if it failed to maintain safe parking lot conditions or neglected to collect abandoned carts despite knowing they posed a hazard.
- A maintenance contractor: Some stores hire third-party companies to collect shopping carts. If those companies perform their duties negligently, they may share responsibility.
- Multiple parties: In some situations, both a customer and the business may bear partial responsibility for the accident.
Can You Recover Compensation Through Insurance?
In many cases, you may not need to file a lawsuit to recover compensation for damage caused by a shopping cart. Depending on the circumstances, the following insurance policies may apply:
- Your collision coverage: If you carry collision coverage, you can file a claim with your own auto insurance company to pay for repairs to your vehicle, regardless of who caused the damage.
- The at–fault party‘s liability insurance: If another customer’s negligence caused the shopping cart to hit your car and they have applicable liability coverage, you may be able to pursue compensation through their insurance policy.
- The store‘s commercial liability insurance: If the business’s negligence contributed to the accident, you may be able to file a claim against their commercial liability insurance.
What if Another Driver’s Shopping Cart Hit My Car?
If another shopper’s behavior caused their cart to strike your vehicle, they may be personally liable for your losses. Examples of negligent behavior include:
- Leaving a cart unsecured on a slope
- Letting go of a cart during windy conditions
- Allowing children to play with shopping carts
- Pushing a cart carelessly through the parking lot
- Walking away from a cart without placing it in a designated return area
Call or text 800-431-9252 or complete a Free Case Evaluation form
What if the Store Denies Responsibility?
Even if the store denies responsibility for the accident, you may have grounds for a claim if:
- The store regularly allowed carts to accumulate throughout the parking lot.
- Employees ignored abandoned carts for extended periods.
- Customers had previously complained about runaway shopping carts.
- Surveillance footage shows unsafe conditions that existed before the accident.
- The business failed to follow its own safety procedures.
What Types of Evidence Can Help Your Claim?
The quality of your evidence will make or break your shopping cart accident claim. Helpful types of evidence may include:
- Photographs of the shopping cart and vehicle damage
- Photos of the parking lot, weather conditions, and surrounding area
- Surveillance camera footage
- Witness statements
- Repair estimates and invoices
- Police or incident reports (if you filed any)
- Medical records (if you suffered injuries)
- Store incident reports
- Documentation showing previous problems with abandoned shopping carts
What Types of Compensation Can You Recover?
If someone else’s negligence caused the damage to your vehicle, you may be able to recover compensation for both property damage and other related losses, including:
- Vehicle repairs: You can recover the cost of repairing dents, scratches, broken lights, damaged mirrors, or more significant structural damage.
- Diminished vehicle value: You can seek compensation if your vehicle loses resale value because of the damage, even after repairs are completed.
- Rental car expenses: You can recover the cost of renting a temporary vehicle while your car is being repaired.
- Out–of–pocket expenses: You can seek reimbursement for towing fees, inspection costs, storage fees, and other expenses related to the incident.
- Medical expenses: If you suffered injuries, you can recover compensation for medical bills, rehabilitation costs, prescription medications, and future medical care.
- Lost income: If your injuries prevent you from working, you can pursue compensation for lost wages and, in some cases, reduced earning capacity.
- Pain and suffering: If the accident caused physical injuries, you can recover damages for physical pain, emotional distress, and the overall impact the injuries have had on your daily life.
For a free legal consultation,
Call 800-431-9252
How Long Do You Have to File a Lawsuit in Florida?
The deadline for suing if a shopping cart hits your car in a parking lot depends on the type of claim you decide to bring. Under Florida law, you typically have four years from the date of the incident to file a property damage lawsuit and two years to file a personal injury lawsuit.
Though these deadlines may appear to provide plenty of time, it is important to act as soon as possible. Starting your claim early gives your attorney a better opportunity to investigate the accident, collect important evidence, and negotiate with the responsible party or their insurance company.
Speak to a Personal Injury Attorney
A shopping cart accident can lead to a variety of unexpected expenses. If you were the victim of this type of incident, a personal injury attorney from Blakeley Car Accident & Personal Injury Lawyers can assess your situation and determine whether you have grounds for a lawsuit.
Schedule a free case evaluation to learn more about your legal options.
