Legal Question in Civil Litigation in Massachusetts

Re: Damage to car

I'm very amused. Maybe to a man who prays to the gods of shopping when his business fluctuates, rolling carts are an act of G-d, but most of us on earth associate that phrase with earthquakes, floods and weather-related phenomena. That was, of course, a ridiculous statement.

Besides, what does that mean to you? The phrase doesn't come from a law which excuses negligence; it comese from insurance policies (or cases in courts which enforce them). Perhaps he meant that he isn't insured for such things, but that's not your problem, it's his. If he's liable to you, it doesn't matter to you if he's covered or if it falls into a policy exception.

Between you and me, I think generally that the shoppers who let them fly are probably the most responsible. But if a parking lot is on a hill, or not well-enough shovelled (but that's a different can of worms ... snow and ice, in their natural accumulations, ARE considered to be the acts of G-d).

Good luck.

Re: Damage to car

You can make a claim to recover only your actual damage. If your insurance covered the repair other than the deductible, your claim is the decuctible amount. You should ask your insurer about subrogation. If you bring a claim against the store, don't wait too long, name the right corporate party and think in terms of evidence.

Good luck.

Charles W. Cobb